50. The Court considers, however, that both cases can be qualified as instances
of public interest litigation. As the Court has established in its jurisprudence,
the identity of parties in different Applications can be considered as being
similar to the extent that they both aim to protect the interest of the public at
large, rather than only specific private interests.10
51. Accordingly, the Court holds that the criterion of “same identity” of the
parties has been met.
52. The second criterion concerns the similarity of the subject-matter of the
applications. When considering the subject-matter of the applications, it
becomes apparent that both applications challenge the same law, that is
Regulation No. 4 of the Education Regulations (Expulsion and Exclusion of
Pupils from School) of 2002, and the same practice of excluding pregnant
and young mothers from schools as well as other associated discriminatory
practices, including mandatory pregnancy testing.
53. In the application before the ACERWC, the Applicants also claim, among
others, that the right to non-discrimination and the right to education, is
violated, as enshrined in Articles 3 and 11, respectively, of the African
Children’s Charter. In their Communication they also argue that, in
accordance with Article 46, the African Children’s Charter should be
interpreted with reference to the African Charter, the Maputo Protocol, the
CRC as well as other international human rights instruments. Specifically,
and in relation to the present Application, the Applicants before the
ACERWC refer to Article 2 (right to non-discrimination) and 17 (right to
education) of the Charter as corresponding Articles to guarantee children’s
right to non-discrimination and to education.
54. From these applications it also emerges that the same reliefs are sought,
namely the establishment of a violation of the same provisions enshrined in
the above-mentioned human rights treaties; orders to change the same
Suy Bi Gohore Emile & 8 Others v. Republic of Cote d’Ivoire, ACtHPR, Appl. No. 044/2019, Judgment
of 15 July 2020 (merits and reparations), § 105.
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