Compendium of good practices in the elimination of discrimination against women 2017, para. 67
Paragraph- Paragraph text
- In 2011, a social worker who founded a local shelter for girl survivors of sexual violence and an international human rights lawyer initiated a coalition with local, regional and international civil society organizations, feminist lawyers and the national human rights commission to file a case seeking to hold the police accountable for failure to address rampant sexual violence against girls. The 160 Girls case was brought to the High Court in 2012. With the support of the shelter, 11 applicants were chosen from more than 160 victims of child rape who had been denied access to justice. The remaining victims were represented by the twelfth applicant, which was the rape shelter itself. It was the first case brought to the High Court under the equality provisions laid out in the 2010 Constitution. The decision was instrumental in establishing the failure of the police to meet national and international standards to conduct prompt, effective, proper and professional investigations into complaints, thereby preventing access to justice. With the use of relevant international human rights instruments and progressive interpretation of constitutional rights and State obligation, the jurisprudence was precedent-setting. The seminal contribution of the decision lay in establishing the rights of the child and the delineation of the scope of State obligation in protecting children from violence, and the duty to investigate and apply existing rape laws.
- Legal status
- Non-negotiated soft law
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Girls
- Year
- 2017
- Paragraph type
- Other
- Paragraph number
- 67
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