mwambipile equality now c united republic of tanzania requete n 0422020 2020 afchpr 56 1 decembre 2020

mwambipile equality now c united republic of tanzania requete n 0422020 2020 afchpr 56 1 decembre 2020

The application is inadmissible because the same matter—concerning the exclusion of pregnant girls and adolescent mothers from Tanzanian public schools—has already been settled by the African Committee of Experts on the Rights and Welfare of the Child (CAEDBE) in a decision addressing the same respondent, the same...

Source-derived case information.

Citation
mwambipile equality now c united republic of tanzania requete n 0422020 2020 afchpr 56 1 decembre 2020
Parties
Applicant: Tike Mwambipile; Applicant: Equality Now; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application declared inadmissible; each party to bear its own costs.
Legal Topics
Right to Education, Non Discrimination, Pregnancy and Education, Adolescent Mothers, International Human Rights Instruments, Res Judicata, Admissibility of Applications
Source Language
en
Human Rights Law Education Law Non Discrimination Law Right to Education Non Discrimination Pregnancy and Education Adolescent Mothers International Human Rights Instruments +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Tike Mwambipile

Applicant

Equality Now

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the exclusion of pregnant girls and adolescent mothers from public schools in Tanzania violates the right to education and non-discrimination under international and regional human rights instruments
  2. 2 Whether the application is admissible in light of prior decisions by other international bodies on the same matter

Ratio Decidendi

The application is inadmissible because the same matter—concerning the exclusion of pregnant girls and adolescent mothers from Tanzanian public schools—has already been settled by the African Committee of Experts on the Rights and Welfare of the Child (CAEDBE) in a decision addressing the same respondent, the same subject matter, and resulting in a decision on the merits. This satisfies the cumulative criteria for inadmissibility under Article 56(7) of the African Charter and Rule 50(2)(g) of the Rules of Court.

Court Disposition

Application declared inadmissible; each party to bear its own costs.

Orders

  • The Court declares it has jurisdiction.
  • The Court declares the application inadmissible by majority.