TABLE OF CONTENTS

Contents
1.0. INTRODUCTION 2
2.0. THE PROTECTION OF WOMAN 2
3.0. PROTECTION OF CHILDREN 3

4.0. PEOPLE WITH DIS-ABILITIES 4

5.0. REFUGEES 4

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1.0. INTRODUCTION

Women, children person with disabilities refugees and person living with HIV, there are
internationally, Regional and domestically recognized as a special available group in the
community, due to the fact that under the field of human right these groups have been
overlooked in a general human right instrument whereby the main aim is to protect and promote
right of these people by focusing their specific characteristics and situation such as age, gender
and social situation1.

The idea was formally developed by UN and it is from UN effort now the idea for the protection
of special groups right reorganized regionally and domestically. Where by both male clear Laws
on favor this group and separate it from the universal group.

2.0. THE PROTECTION OF WOMAN

According to women (Night work) Act women includes all persons at the female sex without
distinction of age2.

The women are International, Regional and domestically considerable as special group where the
Law provided to separate them from universal group and to provide some favour of saeant issue
focuses on equality, Family right, violence against women and associated international initiatives
international their rights and protection are the result of international labour organization (2019)
which establishes convention No 3 on maternity protection and convention No $ on Night work
women which postulated that over 85 years, women are unfair treated, has little legal
recognition, had no right to vote, torture, mental abuse and mutilation3.

Now, their discovery and protected right include,

(a) Family right which found under Article 11 of Universal declaration of a human Right,
(1948), Article 23 of (1966) covenant (ICCPR), Article 13 of center for international

1 Rhona K.M(2010),international Human Right(fourth edition), Macmillan Publishers ,New York.pg 347
2 Article 3 0f Woman (night work)Act of (2019)
3 Rhona K.M,(2010),International Human Right(fourth edition) ,Macmillan Publishers new York. Pg 354

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 security (CIS) Article 12 of (ECHR) Article 12 of European convention on Human Right
(ECHR) and Article 38 of (AL)
In Africa the right found under African Character on Human and peoples right (ACHPR)
of 19864.
(b) The Right toward violence and other abuse weather it occurring private or public 5. Other
Right provided under Maputo Protocol to African character on human and people s Right
for example Right against discrimination dignity, elimination of harmful practices
encouragement of monogamy and protection from armed harmful6.

Also domestically (Tanzania) Right to women protected more under Article 78 (4) of the
constitution (1977) as amended (2005) and article 13(1) of the same constitution and its
practicability found under the case of “Bernado Ephraim versus Holaria Pastory” where
the court regard Article 12 and 13(1) of the Union Constitution of (1977) as amended
(2005) to declare the equality between men and woman before the eyes of law7.

3.0. PROTECTION OF CHILDREN

A child is any person below the age of 18 year 8. These are secondary violations’ of right through
their right depend on the enjoyment of their careers.

Internationally; their right reorganized first under Geneva Convention of 1924 and UN General
assembly Declaration on rights of the child of 1959 and 1989 the convention on rights of the
were established

The convention enters into force the child care and assistance of children 9. The
conventions include:-
● The right and duties of persons before 18 years where child must primarily
considered to all times10.

4 Article 18 of African Charter on Human and Peoples’ Right (1981)

5 Articles 1,2 and 4 of UN Declaration on Elimination of Violence against Woman(1993)
6 Articles 2,3,5,6b,6c and 11 of ACHR Protocols on the Right of Women in Africa
7 Bernado Ephraim vs. Holaria Pastory (PS) Civil Appeal No.9 of (1983)
8 Section 4(1) of child Act cap 4 [R:E 2019]
9 Rhona K.M,(2010) International Human Right(fourth edition), Macmillan Publishers pg 360
10 Article 3 of the convection on rights of children (1989)

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 ● Protection of child from harm. For example from discrimination basing on child
or mothers status or both11.
● The right to identify of child and other prohibition toward sex tourism, child trade
linked to mother traffic and sexual exploitation12.
● Other rights include participation of children, protection from child labour
providing basic needs to child13.

In Africa the Law which protects the right of children includes. African charter specifically
Article 18 (3) also in (Tanzania) is under child Act14.

The enforcement and protection of this right to children, overviewed in a case of “Prosecutor
versus Thomas LubangaDyilo”

11 Article 2 of The convention on Rights of child (1989)

12 Article7,8,9,10,34 and 35 of the Convention on Rights of Child (1989)
13 Article 3,5,12,13,14 and 24 of the Convention on Rights of Child (1989)
14 Child Act no.21 of 2009 [R.E 2019]

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where in that case, the former president of Union de-des Patriots congeals in Congo charged to
imprisonment of 14 years after condemned as a guilty of war crime after enlisting and
conscripting children under the age of 15 years and using them to participate actively in
hostilities on march 201215

4.0. PEOPLE WITH DIS-ABILITIES

- These are the people with any medical condition that makes them more difficult to do a
certain activity or to do it effectively they include those who have long term physical,
mental, intellectual or sensory impairment which in interaction with various attitudinal
and environmental Bevier hinder their full participation in the society16.
- Person with dis-ability (as a special group) enjoys the right to the protection of law
against attacks (privacy) health and rehabilitation , on right to the protection against
exploitation, discrimination and abuse , right qualities legal aid and Right to live with
their families.
- In Africa, the rights toward dis-abilities protected under African Charter17.
- Internationally, their rights of hand capped and disable children18.
- In Tanzania their Rights protected under the constitution of United Republic of 1977 as
amended (2005) specifically 66 (1) b and 67.
- In manner of enforcement, different cases is proved especially “a case of Hamilton vs.
Jamaica of (1995) where an accused person Mr. Zephaniah Hamilton was sentenced to
death as he violated the right of Jamaica which found under Article 6,7,9paragraph 3,10
and 14 paragraph 1,2,3c and 5 of the International Covenant on Civil and Political
Rights19
5.0. REFUGEES

These are people who have fled war, violence, conflict or international border to find safety in
another country.20 They include all anticipating refugees, semi-refugees, expellees and ex-camp
inhales refugee

15 Prosecutor vs. LubangaDylo (2012)

16 Article 1(ii) of the convention on Rights of the People with disabilities(2008)
17 Article 18(4) of African Charter on Human and Peoples Right
18 Hamilton vs. Jamaica, UN.Doc.CCPR/C/66/D/616/1995
19 www.Unhr.org.21/06/2021. 03:12am
20 Article 3 of HIV/AIDS Prevention and Control Act

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Different treaties and convention reorganized and establish the law to protect the Right of
Refugees. For example Article 14 of the Universal declaration of Human Right (UDHR) of 1948
guarantees the right to seek and enjoy asylum in another country.

- Regionally, the American convention on Human and peoples Right also recognition this
right of seek and be granted asylum in foreign territory
- Also the convention on Refugee under (Article 1) stipulates and recognizes the rights of
Refugees who are unwilling to return on their home place due to fear of their life.

6.0 PEOPLE WITH HIV/AIDS.

HIV/AIDS, Refer to acquired immune deficiency syndrome which is a condition characterized

by a condition of sign and symptoms caused by HIV which attacks and weakens the body21.

HIV/AIDS, relate to human right include, the right to life, right to liberty, right to security, right
to highest attainable standard of mental and physical health, right to non discrimination, equal
protection and equality before the law, right to freedom of movement, the access to treatment
case and support and also where AIDS is de-stigmatized, individuals are more likely to seek
testing in order to know their status.

International, UN Human right instruments and mechanism provides the normative legal frame
work as well as the necessary tools to ensure the implementation and general comments 22.Also it
include UN treaty Monetary Bodies , The special Procedure of Human Right Council and other
NGO’s. The protection of this right is evidenced in a Nevirapine case No.CCT8/02 of South
Africa.

7.0 COCLUSSION

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