101.
With regard to the right to protection of the family, the complainants
submitted that though Ms Iman has not faced deportation, she remains stateless
and at risk of deportation. If deported, this would separate the Complainant from
her mother, her only surviving parent and would deprive them from each other's
support.
102.
From submission of the Complainants, it can easily be understood that
there is no actual violation (a violation which actually materialized). The
Complainants are just arguing on conditional basis by anticipating separation of
Ms lman from her family. If it was a request for a provisional
measure/intermediate decision, their submission would have made sense. From
the facts presented before it, the Committee was able to discern only that there
is risk of deportation of the Complainant which if materialized causes her
separation from her family and that in turn actually violates her right to protection
of the family. The Committee is of the view that risk of violation of certain right
cannot be equated with the actual violation of the right and the Committee is
mandated to find actual violation of children's rights enshrined under the
ACRWC as opposed to risk of violation of these rights. Although the
Complainant has been arbitrarily deprived Sudanese nationality, her right to
protection of the family has not been affected by loss of Sudanese nationality.
103.
Therefore, the Committee did not find the Respondent State in violation of
Ms lman's right to protection of the family as alleged by the Complainants. For
the above reasons, the Committee concludes that there was no consequential
violation of Ms Iman's right to protection of the family as a result of deprivation of
her Sudanese nationality.
IV.
Decision of the Committee
104.
For the forgoing reasons, the Committee finds that the Respondent State
is in violation of its obligation under article 3 of the Charter on non-discrimination
and article 6(3) and (4) of the Charter on right to nationality and prevention of
statelessness as well as consequential violation of Article 11 on the right to
education of the Children's Charter. The Committee notes that the Complainants
requested the Committee to recommend that that the Government of Sudan pay
compensation to the Complainant and remedy her legal status. Regarding
compensation, the Committee is of the view that no pronouncement is to be
made on compensation on material damage on the ground that no specific
request is made and no evidence showing actual damage is adduced before it.
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