'00Be0s
a
"1. The family shall be the natural unit and basis of society. lt shall be protected by the
State which shall take care of its physical health and moral.
2. The State shall have the duty to assist the family which is the custodian or morals and
traditional values recognized by the community"
125. The Court also notes the Commission's interpretation of this provision and which
it finds to be of persuasive value in view of the Court's and Commission's
concurrent
jurisdiction to interpret the Charter.2e ln accordance with this provision, the state is
required to take all necessary measures to ensure protection of the rights of
individuals within families and that the family's integrity is maintained because it is
recognised as the cornerstone of society.30
126. The Court
is of the view that the Applicants have not demonstrated how the
Respondent State's actions or omissions had an adverse impact on the needs and
interests of their families or how it prevented them from fully benefitting from the filial
and social interaction necessary for the maintenance of a healthy family life.
127 . The Court therefore finds that the alleged violation of
the right to family life contrary
to Article 18(1) of the Charter has not been established
VI
Allegation relating to violation of the right to work
128. The Applicants allege that by revoking their passports, the Respondent State has
violated their right to work.
129. The Respondent State has not responded to this ailegation
2e
See the African Commission on Human and Peoples' Rights Pnhclp tes and Guidelines on the
lmplementation of Economic., Social and Cultural Rights in the African Charter on Human and peoples'
Rghts adopted in November 2010 at the 48th Ordinary Session (Princlples and Guidelines on
lmplementation of Economic,
and Cultural Rights in thaCharter). See atso Good v Botswana (zO1O)
-So-cial
AHRLR 43 (ACHPR 2010) S 212.
30
Principles and Guidelines on lmplementation of Economic, Social a nd Cultural Rights in the Charter 94;
S
See also Good v Botswana (2010) AHRLR 43 (ACHPR 2O1O) 212.
S
28
V"^"^t