Secondly, the third Victim constantly fell ill with colds, fevers, and diarrhoea while in detention, but was not provided with any medical care. Thirdly, the first Victim did not receive any antenatal or postnatal medical care and was even kept in shackles while giving birth to her daughter, the fourth Victim. Additionally, the fourth Victim, who was born three weeks premature and under challenging conditions, did not receive any neonatal medical care. 130. The Complainants concluded that these violations failure on the part of the authorities to fulfill physical integrity of individuals in detention.. violations directly contradict the State's 0 . Charter to respect, protect, and fulfill the right of the right to health demonstrate a to ensure the well-being and argued that these 16 of the African Article 18(1)(2): the Right to Family Life 131. The Complainant submitted that the first Victim was d of the African Charter, to which states have both a positive .. . i.e., to assist the family in meetingits needs and interests and from abuse by its officials, organs, and third narties}:as was Republic of Bots7Vana."67 The Complainants referred the case Human Rights Organisation & Centre onI-lousing Righfs,:q . Evictio1J;5,,;lCOHRE)v. Sudan.68 in which the Commission "arbitrary or t}ril~, interfer~~~e with the family" contravenes Article 18(1). '''';" 132. Conversely, .submitted that Article 18(2), in its negative sense, requires a State to "refrain from violating the rights and interests of the family."69 The Complainants ackn()wledged thd3ituality of the Article 18 guarantee in the COHRE case, where it stated that ehS'u~ing the etion provided !pr under Article 23 of the International Covenant on Qi ansi. 'politic~ . hts requii'%~~that States parties should adopt legislative, adminis,qativ¢~or~pther m to' ring the protection of the family as also requires that State~,\refr~'ili\'fr0:rn any ;, at will affect the family unit, including arbitrary separationPof family :rn~mbers and involuntary displacement of families."?" I P~91 133. The Complainants also noted with respect to General Comment No. 19 that it is a "right of men and women of marriageable age to marry and to find a family."71 Relevantly, "prosecution for adultery is contrary to international law as 'the criminalization of sexual ce . ~ 67 Communication 68 Communication i~ 313/05,26 May 2010, Para 212. 279/03-296/05,27 May 2009, ~ 213. , \/v.,:~~ 69 Citing Ke~eth. Good, Supra, at para 212. . . . . . /:\ I..)~ 70 Communication 279/03-296/05, Sudan Human RIghts Organisation & Centre on Housmg Rlg!t~~;"a~if.G'EV1cllOhs<'0",,\ (COHRE) 1). Sudan, 27 May 2009, Para 214. .:," / 7l UN H~?,an Rights Committee, "General Comment No. 19: Protection of the family, right to marri~ge anf eqf(qlinj of ':5 u~\ the spouse, 1990, Pg4, I', I ,1 -r I \. o \ . ::;1 1) (<<\ I " .,.,'·~'-~/o.J - s.:~ {\u·\I.l\ . .1. '" '/i' \':V;u C -~~. '-,~ 0'I, 29 <),.c-•: <.~ i\IAeRI( ,I\\I~ I/O J::,,? ""/ ,;~;U·;".l['E'T [ltS 'I' ,§',

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