mwambipile c republique unie de tanzanie requete n0422020 2021 afchpr 13 29 novembre 2021

mwambipile c republique unie de tanzanie requete n0422020 2021 afchpr 13 29 novembre 2021

The Court found that the request for provisional measures and the main application are indissociably linked, and that ruling on the provisional measures would amount to ruling on the merits. Therefore, the Court decided to join the request for provisional measures to the merits for joint consideration.

Source-derived case information.

Citation
mwambipile c republique unie de tanzanie requete n0422020 2021 afchpr 13 29 novembre 2021
Parties
Applicant: Tike Mwambipile; Applicant: Equality Now; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Interlocutory Order on Provisional Measures
Outcome
Request for provisional measures joined to the merits for joint consideration.
Legal Topics
Right to Education, Non Discrimination, Provisional Measures, Expulsion of Pregnant Students
Source Language
en
Human Rights Law Education Law Right to Education Non Discrimination Provisional Measures Expulsion of Pregnant Students

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Parties

Tike Mwambipile

Applicant

Equality Now

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Interlocutory Order on Provisional Measures

  1. 1 Whether the exclusion of pregnant girls and young mothers from public schools violates the right to education and non-discrimination
  2. 2 Whether provisional measures should be granted to suspend the impugned regulations and directives

Ratio Decidendi

The Court found that the request for provisional measures and the main application are indissociably linked, and that ruling on the provisional measures would amount to ruling on the merits. Therefore, the Court decided to join the request for provisional measures to the merits for joint consideration.

Court Disposition

Request for provisional measures joined to the merits for joint consideration.

Orders

  • The request for provisional measures is joined to the merits of the application.