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QUESTION 1 The Centre for Social Justice (CSJ) is an International Non-Governmental Organisation (NGO) which take cases on behalf of marginalized groups and individuals who
QUESTION 1 The Centre for Social Justice (CSJ) is an International Non-Governmental Organisation (NGO) which take cases on behalf of marginalized groups and individuals who are victims of gross violation of human rights. Despite, the success that CSJ has achieved in the past, their cases have recently been dismissed on procedural grounds before International Courts and Treaty Monitoring Bodies. Among others, it has been argued that they have failed to exhaust domestic remedies. CSJ is currently preparing to take a class action case before the United Nations Committee on the Rights of the Child. The case is about access to education of children living with Disability in Kangala-a West African country. The Constitution of Kangala which is the supreme law of the country provides for the right of everyone to a basic education which the state through reasonable measures must make progressively available and accessible. The constitution further obligates the state not to unfairly discriminate against anyone on one or more grounds including gender, sex, religion, disability, ethnicity, etc. Kangala has ratified all the African Union Conventions and Protocols without reservations including the African charter on the Rights and Welfare of the Child (ACHRWC) . It has also ratified major United Nations Convention including the Convention on the Rights of the Child and all its Protocols and the Convention on the Rights of Persons with Disabilities and its Protocols. In the past, the Constitutional Court of Kangala has dismissed similar cases regarding the right to education of children living with disability on grounds of resources constraints. CSJ is of the opinion that there is no point to first lodge a similar case before domestic courts in Kangala. CSJ approaches you as an expert in human rights for a legal opinion before they can approach the ACERWC. what would be the legal opinion for CSJ. In your opinion reflect on the following points: a) Background to the Convention on the rights of the Child. b) Whether the case will be admissible before the Committee on the Rights of the Child. c) The principle of exhaustion of domestic remedies; its rationale and whether this prerequisite is flexible or inflexible. Page 6 of 6 d) The extent, if any, to which Kangala has violated its obligations under the international human rights framework (both AU and UN) and the remedies available. (50
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