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LCP4807 ASSESSMENT 02 SEMESTER 2
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- University Of South Africa (Unisa)
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**Legal Opinion: Review of the Republic of Qrose's Abortion Law in Light ofInternational Human Rights Obligations**
**To:** African Centre for Women Justice (ACWJ)
**From:**
[Your Name], Expert in Human Rights Law
**Date:**
[Current Date] **
Subject:**
Legal Opinion on Potential Case Against the Republic of Qrose before the CEDAW
Committee **
I. Introduction** The situation involving the restrictive abortion laws in the Republic of
Qrose raises significant human rights concerns, particularly in relation to the case of
13-year-old Tambu, a victim of statutory rape who was denied the right to terminate
her unwanted pregnancy. This opinion examines the procedural admissibility of a
case before the CEDAW Committee, analyzes the rights infringed by Article 116 of
the Qrose Penal Code, and outlines potential remedies that could be sought in the
context of international human rights obligations. **II. Procedural Issues Regarding
Admissibility of Cases Before the CEDAW Committee**
1. **Recognition of the Committee’s Jurisdiction**: Qrose has ratified the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its
Optional Protocol, which allows individuals to bring complaints of violations of their
rights. Under Article 1 of the Optional Protocol, individuals or groups of individuals
may submit claims regarding violations of rights enshrined in CEDAW.
2. **Exhaustion of Domestic Remedies**: Before a case can be submitted to the
CEDAW Committee, the claimant must exhaust all available domestic remedies.
Given that Tambu was denied abortion services in three different hospitals and that
the Constitutional Court of Qrose has upheld the constitutionality of Article 116, it
could be argued that domestic remedies are ineffective or unavailable in this case.
3. **Time Limit for Submission**: The Optional Protocol stipulates a time limit for
filing complaints; claims must be submitted within six months of the final domestic
decision affecting the rights claimed. In this instance, if no further domestic remedies
are available, this timeline may not impede the filing.
4. **Seriousness of Allegations**: The submission must indicate that the case raises
serious issues of rights violations under CEDAW. Given Tambu's age, the nature of
her pregnancy (resulting from rape), and the implications of denying her an abortion,
the case undoubtedly presents serious concerns meriting consideration by the
CEDAW Committee. **III. Rights Infringed by Article 116 of the Penal Code of
Qrose**
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