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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents