LCP4807 Assignment 2 Semester 2 2024 | Due 18 September 2024

Description

The Republic of Qrose in the African continent has one of the most restrictive abortion laws in
the world. Qrose is a democratic country with the Constitution, which is a replica of the
Constitution of South Africa, 1996. Qrose has ratified UN human rights instruments such as the
UDHR, ICCPR (including its optional protocols), ICESCR, CEDAW (including its optional
Protocols). Qrose has also ratified the African Charter on Human and Peoples’ Rights and all
the other AU Conventions and Protocols including the Protocol to the African Charter on the
Rights of Women. Article 116 of the Qrose Penal Code of 1935 criminalises abortion in all
circumstances, except where abortion is performed to save the life of the woman. On the 13th of
June 2020 Tambu, a 13-year-old girl was repeatedly raped by a 48-year- old man. She became
pregnant and wanted to terminate the pregnancy. She was denied an abortion in three hospitals
and forced to carry the pregnancy to term. The Constitutional Court of Qrose has repeatedly in
previous judgments found that Article 116 of the Penal Code was constitutional. Appalled by the
legal environment in Qrose, the African Centre for Women Justice (ACWJ), an International
Non-Governmental Organisation specialising on issues of reproductive health, approaches you
as an expert in human rights for a legal opinion. They would like to institute legal proceedings
against the Republic of Qrose before the CEDAW Committee. Using CEDAW and its Optional
Protocol as well as other relevant conventions, sources and cases, write a legal opinion for ACWJ.
Among others reflect on the following:
 Procedural issues regarding admissibility of cases before the CEDAW committee.
 The various rights infringed by Article 116 of the Penal Code of Qrose.
 Remedies to be claimed.
 In general- your arguments should indicate whether the action of Qrose is inconsistent with
Qrose’s international human rights obligations or not.