Other
LCP4807 ASSESSMENT 02 SEMESTER 2
- Institution
- University Of South Africa (Unisa)
LCP4807 ASSESSMENT 02 SEMESTER 2, OUTSTANDING ACHIEVEMENT, PASS GURANTEED 70+
[Show more]
Content preview
**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**
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller keletsocholo. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R123,33. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
50843 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now