23R 32ND CHRISTOF HEYNS AFRICAN HUMAN

The Court’s material jurisdiction pertains to all matters concerning the application and interpretation of the African Charter, the Court’s Protocol and other human rights instruments ratified by the Respondent State.5 The Court has material jurisdiction because all the matters submitted by GoHRA,6 call for the application and interpretation of the African Charter, the Court’s Protocol, the Africa. [...] As far as time is concerned, the Court’s jurisdiction extends to only those matters that occur after the dates the African Charter, the Court’s Protocol and the Optional Declaration under Article 34(6) of the Court’s Protocol, came into force for the Respondent.12 The events leading to the alleged violations in the cases of the street children and GoHRA’s senior staff members,13 the FSHS policy,14. [...] Second, in the CSMR case, Aisha challenged the decision of the Department of Social Welfare and Development not to register the CSMR before the Aseda High Court.37 The High Court in dismissing Aisha’s action, upheld the reasons of the Department.38 On appeal, the Court of Appeal and the Supreme Court affirmed the High Court’s decision.39 Therefore, local remedies were exhausted. [...] States have the duty to protect the health of all persons.120 By this, states are bound to implement measures necessary to contain the spread of pandemics like the Covid–19 disease.121 The children lived on the streets of Aseda where multitudes trooped in during the “Year of Return” festival, two months after the outbreak of the Covid–19 in Sentsifia.122 The probability that these children were ex. [...] ‘Every individual has the right to education’.152 This right obligates states to ensure equality of treatment in access to education.153 Sentsifia has not violated the right to education of the pupils of the other 12,850 schools not covered by the FSHS policy because the limited implementation of the policy is not discriminatory.