ASSIGNMENT 02
ASSIGNMENT 02
Submission Due Date: 16 September 2022 (Cut-off Time: 21h00)
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RESEARCH THESIS FOR ALL LEVELS,
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, The Republic of Gonono in the African continent has one of the most restrictive abortion
laws in the world. Gonono is a democratic country with the Constitution, which is a
replica of the Constitution of South Africa, 1996. Gonono has ratified UN human rights
instruments such as the UDHR, ICCPR (including its optional protocols), ICESCR,
CEDAW (including its optional Protocols). Gonono 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 49 of the
Gonono Penal Code of 1930 criminalises abortion in all circumstances, except where
abortion is performed to save the life of the woman. On 03 March 2019 Nyasha, a 14
years old girl was repeatedly raped by a 45-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 Gonono has
repeatedly in previous judgments found that Article 49 of the Penal Code was not
unconstitutional. Appalled by the legal environment in Gonono, the Centre for Vulnerable
Women (CVW), 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 Gonono before the
African Court on Human and Peoples‟ Rights (The African Court). Using the African
Charter on Human and Peoples‟ Rights, the Protocol to the African Charter on Human
and Peoples‟ Rights on the Rights of Women(Women‟s Protocol); the African Charter on
the Rights and Welfare of the Child (ACRWC), the Convention on the Elimination of all
Forms of Discrimination Against Women (CEDAW) and other relevant sources and
cases, write a legal opinion for CVW. Among others reflect on the following: