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LCP4807 ASSIGNMENT 2 SEMESTER 2 FOR 2022-INTERNATIONAL HUMAN RIGHTS LAW
- Institution
- University Of South Africa (Unisa)
LCP4807 ASSIGNMNENT 2 SEMESTER 2 FOR 2022-INTERNATIONAL HUMAN RIGHTS LAW
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LCP4807 ASSIGNMENT 2 SEMESTER 2 FOR2022-INTERNATIONAL HUMAN RIGHTS LAW.
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QUALITY WORK WITH FOOTNOTES AND
BIBLIOGRAPHY.
QUESTION 1
The Republic of Gonono in the African continent has one of the most restrictive
abortion laws in the world. Gonono is a democratic country with the Constitution,
which is a replica of the Constitution of South Africa, 1996. Gonono has ratified UN
human rights instruments such as the UDHR, ICCPR (including its optional
protocols), ICESCR, CEDAW (including its optional Protocols). Gonono 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 49 of the Gonono Penal Code of 1930 criminalises
abortion in all circumstances, except where abortion is performed to save the life
of the woman. On 03 March 2019 Nyasha, a 14 years old girl was repeatedly raped
by a 45-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 Gonono has repeatedly in previous
judgments found that Article 49 of the Penal Code was not unconstitutional.
Appalled by the legal environment in Gonono, the Centre for Vulnerable Women
(CVW), 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
, Gonono before the African Court on Human and Peoples’ Rights (The African
Court). Using the African Charter on Human and Peoples’ Rights, the Protocol to
the African Charter on Human and Peoples’ Rights on the Rights of Women
(Women’s Protocol); the African Charter on the Rights and Welfare of the Child
(ACRWC), the Convention on the Elimination of all Forms of Discrimination Against
Women (CEDAW) and other relevant sources and cases, write a legal opinion for
CVW. Among others reflect on the following:
a) Procedural issues regarding admissibility of cases before the African Court.
b) The various rights infringed by Article 49 of the Penal Code of Gonono.
c) Remedies to be claimed.
Solution
A legal opinion for CVW is given below.
a) Procedural issues regarding admissibility of cases before the African Court.
Since the African Charter empowers the African Commission to receive communications
from states in what is termed ‘inter-state’ complaints and from non-state entities in other
communications (what is now termed ‘individual’ complaints),19 there are two sets of
admissibility requirements for the submission of communications under the African
Charter. These will be considered separately as follows.
The admissibility of inter-state communications
The requirements for the admissibility of communications initiated by states are contained
in articles 47 to 50 of the African Charter. According to these provisions, there are two
different ways by which a state communication may be brought. The first option is
contained in articles 47 and 48 of the Charter. These require a state party alleging a
violation of the African Charter to notify, by way of a written communication, the state
alleged to be responsible for the violation of such action. By article 48, if the parties are
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