according to the European Court, a treatment of a sexual nature diminishes human dignity. 81. The Complainants refer to the case of Bekos and Koutropoulos v. Greece17 where the European Court held that, in considering whether treatment is degrading, it had to consider whether the object of such treatment is to humiliate and debase the person concerned, and whether it 82. AC HP R adversely affected his or her personality. The Complainants also submit that the Respondent State failed in its positive obligations to prevent and investigate the violations, which is a violation of Article 1 of the African Charter. They cite the Commission‟s decision in Legal Resource Foundation v Zambia18 where it held that “Article 1 of the African Charter requires that the State not only recognize rights, but requires that they shall undertake… measures to give effect to them.19” 83. The Complainants further submit that the State authorities failed in their obligation to protect the Victims from sexual harassment, assault, abuse and harm from NDP supporters and members of the Riot police. In this regard, they submit that the Respondent State failed in its positive obligation to prevent cruel, inhuman and degrading treatment and investigate the allegations impartially, in violation of Article 5 of the African Charter. 17 Bekos and Koutropoulos v. Greece (ECHR). 18 n 10 above. 19 Ibid para 62. 21

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