relations between consenting adults international human rights law'."72 is a violation of their right to privacy under 134. They concluded that the conviction of the first Victim for the offence of adultery by the Haj Yossif General Court constituted a fundamental breach of her rights to marry and found a family under Article 18 of the African Charter, notwithstanding the Court of Appeal's revocation of her convictions, given the Court's failure to uphold the first Victim's religious freedom (and thus her marriage). Article 1: The Failure in the Respondent's Duty to Give Effect to the Charter cited Abdel Hadi, Ali Radi, andsothere vs. Republic of Sudan/» and Egyptian Initiative for Personal Rights & INTERIGHTS, y. Egyp> hey argued that violating any provision of the Charter" means yiolati.h rtiele i and liability thereunder. Citing Noah Kazingashire, John Chitsenga, Elia" tnvurq " nd Batatzai.Hadzisi::(J:,?imbabwe,74 they submitted that ratification of the AfH Chartert,~9.uires~"/h,!xmonizati .. · of national laws with the African Charter. As argue .pve, in tl\~present·'c:a..'se, the Resp ndentState is directly responsible for the violations oH~;rti,cles 2;§3, 4, 5, 6, 7; 8, 12, 16, and 18 of the African Charter in respect of the Victims, f()r,"'~r:s~giTIgin conductvwhich violated the rights enshrined in those provisions. The Respolf .' t State furthermore failed to put in place a legal framework to protect the>~YgJ:its, of the. plainants or provide them with access to adequat . emediesand redress:' 135. The Complainants e II .v The Commission's Analysis of the Submission of Merits 136. The Commissiof ,}'Vill first consider 'the alleged violations of Article 2 of the African Charter to determtite each allegation. After analyzing all the other Articles, the provisions of Article 1 will He addressed. This is because a violation of Article 1 can only be estabHsne~t1it?ther Af~~~,,~~, in "" ~fr; Charter have been violated. This is a common practictdollo-weq"by the?(1!E .. ' rrussior ,'~ if ,~ " On Alleged Violation of Article 2: The Right Against Discrimination 137. Article 2 prov~de§:!pat: . "Every individuaZ;J5hallbe entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the"present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or another status;" 138. To determine whether Article 2 of the African Charter has been violated, the Commission considers that various international and regional instruments provide for discrimination against women, as it is guided by Article 60 of the African Charter. StartiIJg"'WitJ:}.the, /.,' o~'At; ~j''\A' -..... . -;::;-.U\ <,cRt 1 M?/"1;'.vO 2'.~ ..c" S <_,,, f o'?~ UN High Commissioner for Human Rights, "Sudan: UN rights experts condemn death sentence ~gain§(pr;in'an\ mother Jor apostasy and adultery", 19 May 2014, 73 Commun~ca~on 368/09, 4 June 2014,Para 91 ~ '2 -, - /);, 74 Communication 295/04, Para 142. '\~A ...;~'\. AU·UA 72 ?' . ( (. . .~ III ,.) -, ,"1' hW,t\IN ~- \ ~ c;,"L /} . .......__ ~ : II ,<.)' ~0(/ 30,' ';. • or (T Df ,\ ..., I)

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