of seniority and competence.” 124. The UN Committee on Economic, Social and Cultural Rights also stated that: All workers have the right to equal opportunity for promotion through fair, merit-based, and transparent processes that respect human rights. The applicable criteria of seniority and competence should also include an assessment of individual circumstances, as well as the different roles and experiences of men and women, in order to ensure equal opportunities for all.35 125. The Court observes in the instant case that, in respect of the provisions of Articles 12536 and 12737 of Law No. 034 of 12 July 2010, which lay down the Malian National Police rules and regulations, that the promotion criteria for the Respondent State’s police officers are length of service and competence, which is in accordance with Article 7 of the ICESCR. 126. The Court notes that the Applicants, as at the date of the decree of 6 February 2006, had not met these criteria for enrolling in the police Superintendents training program as they obtained their Masters’ degrees only after the effective date of the decree. 35 UN Committee on Economic, Social and Cultural Rights (CESCR), General comment No 23 (2016) on the right to just and favourable conditions of work (Article 7 of the International Covenant on Economic, Social and Cultural Rights), 7 April 2016, § 31. 36 Article 125: To be promoted to a higher category through training, a police officer is required to have successfully completed studies at a level corresponding to the category to which he/she is being promoted. To be eligible to undertake the training referred to in the previous paragraph, the police officer must have: Received a favourable evaluation from the hierarchical authority, based in particular on his or her most recent performance appraisal and the speciality of the corps to which he or she is planning to be promoted; ». 37 Article 127 reads: In order to lead to promotion, in-service training shall be a discipline which corresponds to one of the specializations of the Police; furthermore, it shall be justified by need, and undertaken by officers in service or on secondment. The training undertaken shall allow the officer, depending on the diploma obtained, to get an advancement to the next higher grade, or to a higher category which corresponds to the diploma obtained. Promotion resulting from the said training, shall not, in any way, pave the way for access to a higher category in the same corps. To benefit from the right to advancement to a higher grade, the training duration shall not be less than two (2) years. » 28

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