By Keyword
Procedural Issues
South Africa
Camichele v. Minister of Safety and Security and Another, (August 16, 2001)
Constitutional Court
Keywords:Sexual Violence; Procedural Issues
Brief Summary: This began as an assault case. The present case deals with the duty of care police and prosecuting authorities owe to the victim of assault. The court failed to find a "special relationship between the prosecutor and plaintiff so that the breach of such duty would expose the plaintiff to a particular risk of harm different" than that posed to the general public
CEDAW: The court, in acknowledging South Africa's duty under international law to prohibit gender-based discrimination, cited CEDAW in a footnote and the language which sets forth private liability for failure to act. ("States may also be responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence, and for providing compensation.")
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