by the
of the African Cowi of Justic e and Huma n Rights adopte d in 2008
direct
Assem bly of the Union at Sharm el Sheikh, which grants the Comm ittee
access to the Court.
n
The Court notes that the mandate of the Committee and the Africa
except
Comm ission under their respective consti tuent treaties are broadly similar,
76.
Court
that the former specialises in children's rights and welfare. Never theles s, lhe
the
finds that its hands are tied by the protocol and therefore canno t grant
the
Comm ittee standi ng to access the Court that bas not been accord ed to it under
consti tuent instrument and the Protocol.
Consi dering that the third and fourth limb of the request of the Comm ittee
uction
are interre lated in U1at they rest on the contention that the best tool Cor constr
the two
of a legal instru ment is purpo sive interpretation, the Cowi wi II deal wi tb
77.
limbs together, namel y:
c)
'Whet her Article 5 (1) (e) should be interpreted
111
line with the
manda tes ofthe Africa n Court and the Committee;
d)
Wheth er the standi ng of the Comm ittee before the Court under Article
5 (1) (e) of the Protoc ol is in line with the object and purpose of the
Court Protocol'.
Pursu ant to Article 3 of the Court Protocol, the juriscliction of the Court
n and
1
extend s to all cases and disputes submi tted to it conce rning lhe interpretatio
78.
rights
applic ation of the Charter, this Protoc ol and any other releva nt human
instru ment ratified by the states conce rned,.
22