Exam (elaborations)

LCP4807 Assignment 2 Semester 2 2024 | Due 18 September 2024

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Course
International Human Rights Law (LCP4807)

Institution
University Of South Africa (Unisa)

The Republic of Qrose in the African continent has one of the most restrictive abortion laws in the world. Qrose is a democratic country with the Constitution, which is a replica of the Constitution of South Africa, 1996. Qrose has ratified UN human rights instruments such as the UDHR, ICCPR (in...

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lcp4807 assignment 2 semester 2 2024

Institution
University of South Africa (Unisa)
Course
International Human Rights Law (LCP4807)

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The Republic of Qrose in the African continent has one of the most restrictive abortion laws in
the world. Qrose is a democratic country with the Constitution, which is a replica of the
Constitution of South Africa, 1996. Qrose has ratified UN human rights instruments such as the
UDHR, ICCPR (including its optional protocols), ICESCR, CEDAW (including its optional
Protocols). Qrose has also ratified the African Charter on Human and Peoples’ Rights and all
the other AU Conventions and Protocols including the Protocol to the African Charter on the
Rights of Women. Article 116 of the Qrose Penal Code of 1935 criminalises abortion in all
circumstances, except where abortion is performed to save the life of the woman. On the 13th of
June 2020 Tambu, a 13-year-old girl was repeatedly raped by a 48-year- old man. She became
pregnant and wanted to terminate the pregnancy. She was denied an abortion in three hospitals
and forced to carry the pregnancy to term. The Constitutional Court of Qrose has repeatedly in
previous judgments found that Article 116 of the Penal Code was constitutional. Appalled by the
legal environment in Qrose, the African Centre for Women Justice (ACWJ), an International
Non-Governmental Organisation specialising on issues of reproductive health, approaches you
as an expert in human rights for a legal opinion. They would like to institute legal proceedings
against the Republic of Qrose before the CEDAW Committee. Using CEDAW and its Optional
Protocol as well as other relevant conventions, sources and cases, write a legal opinion for ACWJ.
Among others reflect on the following:
 Procedural issues regarding admissibility of cases before the CEDAW committee.
 The various rights infringed by Article 116 of the Penal Code of Qrose.
 Remedies to be claimed.
 In general- your arguments should indicate whether the action of Qrose is inconsistent with
Qrose’s international human rights obligations or not.

 Essay 1

Introduction
The Republic of Qrose's strict abortion laws, specifically Article 116 of the Penal Code, pose
significant human rights concerns. Given the country's adherence to numerous international human
rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), the African Centre for Women Justice (ACWJ) seeks to challenge these laws
before the CEDAW Committee. This legal opinion addresses the procedural issues regarding
admissibility before the CEDAW Committee, the rights infringed by Article 116, and potential
remedies that could be claimed.

Procedural Issues Regarding Admissibility of Cases Before the CEDAW Committee
The Optional Protocol to the CEDAW Convention allows individuals or groups to submit claims of
violations of rights protected under the Convention to the CEDAW Committee. However, several
procedural requirements must be met for a case to be admissible:

 Exhaustion of Domestic Remedies: Before approaching the CEDAW Committee, the
applicant must have exhausted all available domestic remedies. In the case of Qrose, despite
the Constitutional Court upholding Article 116, it must be demonstrated that Tambu and others
similarly situated have pursued all possible legal avenues within the country without success.

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Exam (elaborations)

LCP4807 Assignment 2 Semester 2 2024 | Due 18 September 2024

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