(~~~lACHPR 1 African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility violence as a form of discrimination, including the UN Declaration on the Elimination of Violence against Women-" and more recent decisions= . O.The Complainant adds that, on the interpretation of the above-mentioned texts, the State has an obligation to refrain from any act of violence or ill-treatment that adversely affects the enjoyment of the rights of women as full members of society. It states that this applies in particular to acts of rape, which is recognized as a violation of the prohibition of discrimination-' . 1. The Complainant asserts that in the case of Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, the African Commission confirmed that it "shares the view of CEDAW that violence against women affects, impairs or destroys the enjoyment and exercise of human rights and fundamental freedoms by women in different spheres of life. In this regard, the African Commission considers that violence against women is aform of discrimination against them"24 . 2. In the present case, the Complainant claims that the actions of the Respondent State's soldier are discriminatory and an affront to her dignity as a female human being. 3. The Complainant describes that under the above Articles, the State has an obligation to respond to gender-based violence, such as rape-", which is recognized as a form of discrimination=. She adds that the UN Human Rights Committee has further stated that States must ensure "the elimination of obstacles to the equal enjoyment of these rights" and take "positive measures in all aspects to ensure the realization of the potential of women on an equal basis with the rest of the population". She concludes that such an obligation is also contained in Articles 2 and 18(3) of the African Charter and compels States to take the necessary measures to ensure that adequate protection against gender-based violence is put in place. UN Declaration on the Elimination of Violence against Women, A/RES/48/104/, 20 December 1993, available at www.un.org/fr/ documents/ view _doc.asp?symbol=A/RES/48/104. 22 Southern African Development Community (SADq, Prevention and Eradication of Violence against Women and Children (Addendum to the SADC Declaration on Gender and Development), 14 September 1998, available at www.achpr.org.en/instruments/eradication-violence-woman-sadc-addendium; Economic Community of West African States (ECOWAS), Community Court of Justice, Hadijatou Mani Koraou v. the Republic of Niger, Application No. ECW/CCJ/ APP/08/08, Judgment No. ECW/CCJ/JUD/06/08 of 27 October 2008, paras. 62-71 (available at www.refworld.org/docid/491168d42.html ). 23 See 2008 Report of the Special Rapporteur 011 Torture; CEDAW, General Recommendation No. 19, para. 9; see for more information the case law cited in the previous section. 24 African Commission, Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt, Comm. No. 323/06, 16 December 2011, para. 165. 2S See, for example, Human Rights Committee, General Comment No. 28, para. 8; Human Rights Committee; Concluding Observations on Guatemala, CCPR/C/GTM/CO/3, 19 April 2012, para. 19; Human Rights Co 1\ ct.ing Observations on Yemen, CCPR/C/YEM/CO/5, 23 April 2012, para. 9. o"'~(,~Clt."i4r "'<0 1<" ?v ~ 26 C_EDAW,G~neral Recom~endation !'Jo. 19, para. 7. <,' ~u 21 ~>!"~1'W1J I An O'~.n of Ihe African k~)) UnIOn~~4'~ Page 14 on 32