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f)l African Commission on
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Human Rights our
Collective Responsibility
Human and Peoples' Rights
exercise by women of their fundamental and human rights in different spheres of
life. In this regard, the African Commission considers violence against women as
a form of discrimination against them."76
212. By the tenor of the corollary definitions in the African Women's Protocol, it is
clear that the provisions of Articles 2 and 18(3) of the African Charter are
inextricably linked to the supplementarily interpretive provisions of the African
Women's Protocol in relation to issues of gender-based discrimination and genderbased violence in Africa.
213. The interpretations provided by Article 1 of the African Women's Protocol of
"discrimination against women", an expression first used in Article 18(3) of the
African Charter, and the interpretation of "violence against women", which
responds to the need to "ensure the protection oL\the rights of women" under
Article 18(3) of the same Charter, clearly establish the normative relationship
between the African Carter and the African Protocol in relation to the protection
of the Rights of Women from discrimination and violence.
214. The Commission notes that the African Women's Protocol has not yet been
ratified by the Respondent State. While Sudan has not ratified the African
Women's Protocol, it signed it on 30 June 2008,and its signature attracts with it the
obligation not to undermine or defeat the object and purpose of the Protocol.
Article 18 of the Vienna Convention o~'the Law of Treaties states:
"A State is obliged to refrain from acts which would defeat the object and purpose of a
treaty when: "(a) it has signed the treaty or has exchanged instruments
constituting the treaty subject to ratification, acceptance or approval, until it shall
have made its intention clear not to become a party to the treaty"
215. Furthermore, by virtue of Article 60 of the African Charter, the Commission
can draw inspiration from international law on human and peoples' rights,
"particularly from the provisions of various African instruments on human and peoples'
rights" on the issue of discrimination against women and violence against women,
including sexual violence against women. In particular, the provisions of Articles
2,3 and 11 of the African Women's Protocol are relevant to this case.
Article 2 of the African Women's Protocol provides that States parties shall
combat all forms of discrimination against women through appropriate legislative,
institutional and other measures by including in their national constitutions and
216.
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