87.
The Complainants also allege a violation of Article 18(3) of the African
Charter in the failure of the State to protect the Victims from
discrimination against women. They submit that this case represents a
critical opportunity for the African Commission to confirm that violence
against women can amount to discrimination under the African Charter,
and that States therefore have a legal obligation to prevent it, and take
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measures to thoroughly investigate, prosecute and punish in cases where
it occurs. They also refer to Article 1 of the Protocol to the African Charter
on the Rights of Women in Africa (the Women‟s Protocol),21 and argue
that it strongly underscores violence against women, whether it is
physical, sexual or psychological.
88.
The Complainants make reference to the United Nations (UN)
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW), specifically its Articles 6 and 7. They submit that the
CEDAW Committee‟s General Recommendation (GR) No.19 entitled
“Violence against Women,” provides a link between violence against
women and equality. Furthermore, that paragraph 9 of the same GR
specifies that in addition to applying to violence perpetrated by public
authorities “Under general international law and specific human rights
covenants, States may also be responsible for private acts if they fail to act
with due diligence to prevent violations of rights or to investigate and
punish acts of violence and for providing compensation.”
21
The Protocol to the African Charter on the Rights of Women in Africa was adopted on 13
September 2000, and came into force on 25 November 2005.
23
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