Previous 41 / 63 Next

~~~\ACHPR ( ~'African Commissionon Human and Peoples' Rights Human Rights au' Collective Responsibiiity (llnn~ based violence, stating that the definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately, including inflicting physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of Iiberty.W 172. Along with these definitions, the Commission reiterates its understanding in the Association Mauritanienne des Droits de 1"Homme v Mauritania,148that discrimination in the context of Article 2 of the African Charter manifests into two types, namely, direct and indirect discrimination. Direct discrimination against women constitutes different treatment explicitly based on grounds of sex and gender differences, whereas indirect discrimination against women occurs when a law, policy, programme or practice appears to be neutral as it relates to women and men, but has a discriminatory effect in practice on women.t-? 173. The Commission further holds that discrimination against women is a vice that not only needs to be tolerated by any civilized States but also needs to be prohibited at the roots of the laws and practices. In this regards, it echoes its positions in Egyptian Initiative for Personal Rights & INTERIGHTS v Egypt.IS0 174. It also echoes and re-states its position in Mauritanienne des Droits de 1"Homme v Mauritania (cited above) that viblence against women amounts to a form of discrimination and irrespective of its manifestation, whether direct or indirect, it is prohibited with the States assuming their obligation under the African Charter and in other human rights instruments, internationally and regionallv'Uhence, States must therefore take positive steps to eliminate all its aspects, including violence against women. 175. In determining the State obligation in regard, quite analogous to the obligation in Article 1 of the African Charter, but so close to an obligation in this context, the Commission notes from the CEDA W Committee General Recommendation No. 28, See, The United Nations Committee Recommendation No. 19 (1992), para. 6 147 148 on the Elimination against Women, General Communication No.210/ 98, (2000), Para. 11 See, CEDAW Committee, General Recommendation 150 Communication No. 323/2006, (2013), para. 165 149 151 of Discrimination 28, Para 16. See UDHR, Articles 1, 2 and 7; ICCPR, Articles 2(1), 3 and 26; ICESCR, Article 2; EC 40 I P age ~¢rHc'l'''' African(~) Union'" ~j

Select target paragraph3

● ● ●

Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Equality
Equality Before the Law
Freedom of Expression / Digital Rights
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Women's Rights

Case Head Notes: The complainants were arrested after they participated in a sit-in protest. Along with other detainees they were then transported to a military prison where they were subjected to beatings, abuse, electrocution, forced genital examination, and other forms of humiliating treatment. The Commission found a violation of Article 2, and cited the sexual nature of the violations against the complainants, noting that the victims were exclusively women, and that the violations were perpetrated on the women because of their gender. Specifically, they stated that the "virginity test", can only be directed at women, and stated that the accusations of prostitution, and other verbal slurs further demonstrated gender-based discrimination. Consequently, the Commission also found a violation of 18(3) because the violence was gender-specific and discriminatory. The Commission also found a violation of Article 5, and stated that the genital examination the Complainants were subjected to amounted to torture, and that the virginity testing was humiliating, degrading and torturous treatment. The Commission also affirmed that sexual violence and rape are a distinct form of torture. The Commission found a violation of Article 26 because the Egyptian military courts, where the complainants were tried, did not satisfy the requirements of impartiality and independence. The Commission found a violation of Article 3 because they observed that the Complainants were treated differently than people who were tried at a civilian court, and therefore they did not benefit from the equal protection of the law. The Commission found violations of Articles 9 and 11, stating that a reasonable inference would suggest that the authorities measures (arrest, detention, and subsequent ill-treatment), were designed to punish, intimidate and discourage the victims from exercising their freedom of expression and assembly. The Commission states that these measures were unnecessary to preserve national security, and disproportionate, and, therefore, a violation of Articles 9 and 11. On account of the existence of other violations of the African Charter, the Commission also found that Article 1 had been violated. The Commission urged the Respondent State to prosecute the perpetrators of the sexual violations, to reform the military prison procedures, and to ensure that the civil courts have exclusive jurisdiction to investigate and adjudicate allegations of violations by military personnel against civilians. They also requested the state to financially compensate the victims and urged the state to report on the measures taken to implement the decision.

Country

Egypt

Outcome: Decided on Merits

Year Decided: May 23, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Duration of Procedure

Sep 11, 2012 ~ May 23, 2023

Country Geolocation

Latitude: 26.820553

Longitude: 30.802498

Country Geolocation (linked ACHPR Decision): Egypt

Primary Documents

Samira Ibrahim Mahmoud and Rasha Ali.pdf
English
ML TOC
Download View

African Human Rights CLA 2.0

Select target paragraph3

Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

Primary Documents

Notifications