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African Commission on Human and Peoples' Rights


207/97 Africa Legal Aid / Gambia (The)



States Gambia
Date May 07 , 2001
Session 29th Ordinary SessionApril 23 to May 07 , 2001
Outcome:

Ruled inadmissible

Violated Articles:
Alleged violated articles : Articles: 5, 18.3
Non violated articles :

African Charter on Human and People’s Rights (ACHPR) – minor fraudulently taken out of his country of origin, Malawi, and subjected to working conditions close to slavery in The Gambia.

Whether the respondent is in violation of the article 24(1) Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.

of the International Covenant on Civil and Political Rights, and articles 11 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements.

and 32(1) and (2) 1. States Parties recognise the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.

2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditions of employment; (c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article.

of the UN Convention on the Rights of the Child.

Whether the respondent is in violation of the following guaranteed rights under ACHPR: Prohibition of Torture and Cruel, Inhuman and Degrading Treatment; Protection of the Family and Vulnerable Groups. Communication inadmissible: non-exhaustion of local remedies.

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