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Human and Peoples' Rights
Human Rights our
Collective Responsibility
means of punishing and silencing them from expressing their political opinions.
Therefore, on the strength of the analysis of the statements from the Victims.lv'
189, The Commission finds that the type of violence used against the victims in detention
was perpetrated based solely on their sex. In other words, the violence was genderspecific and discriminatory by extension.
190. As to the question that the Respondent State failed to protect the Victims from the
violations of rights they faced, it goes without saying that the State has fallen short of
its obligations under 18(3) of the African Charter.
191. The Commission considering the circumstances of the case is restating its position in
Egyptian Initiative for Personal Rights (EIPR) and INTERIGHTS v Egypt162that the concept
of human rights is based on a typical recognition that every human being is equal and
recognizes the inherent dignity and worth of every human being. It accordingly, holds
that when women are targeted for whatever reason for the mere fact of being women
and are not assured the necessary level of protection by the State in the face of violence,
a range of their fundamental human rights are at stake, including their right to sexual
equality. The State, therefore, must investigate such acts of violence against, whether
committed by state or non-state actors and must bring the perpetrators to book.
192. In the present Communication, it is evident that the State failed in its legal obligation to
protect the Victims against discrimination and take measures to thoroughly investigate,
prosecute, and punish in cases where discrimination occurs by leaving the perpetrators
unpunished.163 The Commission reiterates its approval of the Inter-American
Commission position in Maria da Penha and lvutia Fernandes v. Brazi[164 that "Ineffective
judicial action, impunity, and the inability of victims to obtain compensation provide,
an example of the hick of commitment to take appropriate measures.
193. Further, noting that the effects of the violations perpetrated
on the Victims were
palpable physically, and even from the medical grounds (deploring that the practice for
genital examination has" no scientific or clinical basis" and that there is no examination
/I
161
Statements in Annexture 9, and 20 also captured in paragraphs 60 to 64 of the Submissions
162
Para 155
163 See Paragraph
164
68 of the Submission
Maria da Penha v . Brazil (2001) IACHR para.57
45 I P .1 :.!. C
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