Número do caso:
Festas:
Mecanismo:
Violações encontradas:
Failure of the State para protect and ensure the rights of persons with albinism through effective preventive, investigative, and protective measures resulting in systemic discrimination and violence.
-Breach of Articles 1, 2, 4, 5, 16 and 17(1) of the African Charter on Human and Peoples’ Rights
-Breach of Articles 6 and 7 of the International Covenant on Civil and Political Rights
Breach of Articles 4 and 29 of the African Charter on the Rights and Welfare of the Child
Shifting the Narrative: A Groundbreaking Ruling for Persons with Albinism
“For those of us who have fought this battle for years, this ruling is deeply personal. It represents hope, justice, and a commitment to real change. But a court ruling alone will not change the daily realities for persons with albinism. We must ensure that Tanzânia follows through on these directives—and we must continue to advocate for stronger protections across Africa. I have a dream one day that people with albinism in Tanzânia and across Africa will take their rightful place in every level of society, and that the days of discrimination will one day be a faint memory.”
— Peter Ash, Founder & CEO, Under the Same Sun
Introduction
On 5 February 2025, the Tribunal Africano dos Direitos Humanos e dos Povos delivered a historic judgment in Centre for Human Rights, Instituto de Direitos Humanos e Desenvolvimento em África (IHRDA), and Legal and Human Rights Centre v United Republic of Tanzania (Application No. 019/2018). The decision marks a major milestone in the protection of the rights of persons with albinism in Africa and represents one of the most comprehensive judgments ever issued by the Court on the rights of a vulnerable and marginalized group. Importantly, this decision is now one of only three in the African human rights system directly addressing the rights of persons with disabilities, and the judgment is now the locus classicus on the subject.
For decades, persons with albinism in Tanzânia have lived under the threat of violence, discrimination, social exclusion, and harmful stereotypes. In this landmark ruling, the African Court held Tanzânia accountable for failing to adequately protect persons with albinism and ordered a series of far-reaching reforms aimed at addressing the root causes of these violations.
The judgment is significant not only for persons with albinism in Tanzânia, but also for communities across Africa facing discrimination, violence, and exclusion. It sends a powerful message that states have a duty to take proactive measures to protect vulnerable groups and ensure that all people can enjoy their rights equally and with dignity.
Understanding the Context
Persons with albinism have long faced unique challenges in many African countries. Deeply rooted myths and misconceptions have contributed to discrimination, stigmatization, and, in some cases, horrific acts of violence. In Tanzânia, reports over many years documented killings, mutilations, abductions, trafficking, and desecration of graves targeting persons with albinism. These crimes are often fueled by ill-conceived beliefs that body parts of persons with albinism possess magical powers capable of bringing wealth, prosperity, or good fortune.
Beyond physical attacks, persons with albinism also face barriers to accessing healthcare and education, as well as widespread social exclusion. Crianças with albinism are often separated from their families and placed in shelters for protection, raising concerns about their wellbeing, development, and right to family life.
Against this backdrop, the Centre for Human Rights, IHRDA, and the Legal and Human Rights Centre brought a public interest Caso before the African Court, seeking accountability for these longstanding violations and meaningful reforms to protect the rights of persons with albinism.
What the Court Decided
The African Court found that Tanzânia had violated multiple rights guaranteed under the African Charter on Human and Peoples’ Rights and the African Charter on the Rights and Welfare of the Child.
The Court held that Tanzânia had failed to take sufficient measures to combat myths and stereotypes about albinism and therefore violated the right to non-discrimination. It further found that the State failed to adequately prevent attacks against persons with albinism, investigate violations, and bring perpetrators to justice, resulting in violations of the rights to life, dignity, and freedom from torture and other cruel, inhuman, or degrading treatment.
Importantly, the Court also recognized that the challenges faced by persons with albinism extend beyond physical security. It found that Tanzânia had failed to ensure access to education that was available, accessible, acceptable, and adaptable to the needs of persons with albinism. It also found violations of the right to health, noting the particular health needs associated with albinism and the barriers many individuals face in accessing appropriate healthcare.
The Court paid particular attention to the situation of children with albinism. It held that Tanzânia had failed to prevent the sale, trafficking, and abduction of children with albinism and had not adequately safeguarded the best interests of children living in protective shelters.
Why This Judgment Matters
This judgment is groundbreaking because it moves beyond treating attacks against persons with albinism as isolated criminal incidents. Instead, the Court recognized that the violence and discrimination experienced by persons with albinism are symptoms of broader structural problems rooted in harmful beliefs, stigma, and exclusion.
By doing so, the Court adopted a holistic approach para human rights protection. It acknowledged that protecting persons with albinism requires more than prosecuting offenders after attacks occur. States must also address the underlying conditions that make such violations possible.
The judgment reinforces an important principle of human rights law: states have positive obligations para protect individuals from foreseeable harm. Where authorities are aware of persistent threats against a particular group, they must take effective steps para prevent violations, investigate abuses, and ensure accountability. Failure para do so can engage state responsibility, even when the violations are committed by private individuals.
The decision also advances the understanding of equality and non-discrimination under African human rights law. It recognizes that discrimination can take many forms and that governments must actively challenge harmful stereotypes and social attitudes that undermine the rights and dignity of vulnerable groups.
This judgment will play a significant role in the understanding of States’ obligation, particularly also with the coming into force in May 2024 of the Protocol para the African Charter on the Human and Peoples’ Rights on the Rights of Persons With Disabilities (African Disability Protocol).
A Judgment Focused on Systemic Change
One of the most remarkable aspects of the judgment is the breadth of the remedies ordered by the Court.
Rather than limiting itself to financial compensation, the Court directed Tanzânia to undertake a range of legislative, policy, and institutional reforms aimed at achieving long-term change.
Among other measures, the Court ordered Tanzânia to:
- Establish a compensation fund for victims of attacks against persons with albinism;
- Criminalize violence targeting persons with albinism as an aggravated offence;
- Amend the Witchcraft Act para address ambiguities that may contribute para harmful practices;
- Finalize and implement a national action plan on the rights of persons with albinism;
- Improve access para education and healthcare for persons with albinism;
- Conduct nationwide awareness campaigns para challenge myths and stereotypes;
- Develop targeted strategies to protect and support Crianças with albinism;
- Improve conditions in shelters and facilitate family reunification; and
- Report regularly para the African Court on progress made in implementing these measures.
These orders reflect the Court’s recognition that systemic discrimination requires systemic solutions. They also demonstrate the Court’s willingness para use its remedial powers para promote meaningful and lasting change.
The Significance for Human Rights in Africa
The impact of this judgment extends far beyond Tanzânia.
As the first comprehensive African Court decision addressing the rights of persons with albinism, the ruling establishes an important precedent for governments, courts, human rights institutions, and civil society organizations across the continent.
The judgment provides a roadmap for addressing discrimination and violence against vulnerable groups through a combination of prevention, protection, accountability, and social inclusion. It affirms that access para education, healthcare, and social participation are integral components of human dignity and equality.
The decision is also likely to strengthen future advocacy and Litígio efforts concerning the rights of persons with disabilities, children, and other marginalized communities facing discrimination and violence.
IHRDA’s Contribution
This landmark judgment highlights the important role of strategic Litígio in advancing human rights protections across Africa. Through its partnership with the Centre for Human Rights and the Legal and Human Rights Centre, IHRDA helped bring before the African Court a case that addressed not only individual violations but also the systemic challenges faced by an entire community.
The decision demonstrates how regional human rights mechanisms can be used para secure accountability, influence public policy, and promote structural reforms that improve the lives of vulnerable populations.
Conclusion
The judgment in Centre for Human Rights and Others v Tanzânia represents a major step forward in the recognition and protection of the rights of persons with albinism in Africa. By addressing violence, discrimination, education, health, and child protection within a single framework, the African Court affirmed that persons with albinism are entitled to live in safety, dignity, and equality.
More broadly, the decision sends a powerful message that states must move beyond reactive responses and take proactive measures para eliminate discrimination, challenge harmful stereotypes, and create societies in which everyone can enjoy their human rights without fear.
As implementation of the judgment begins, it offers renewed hope that the longstanding injustices faced by persons with albinism can be addressed through meaningful legal, policy, and social change.
About the Autor:
Maria Saine is an Advocacia Officer at IHRDA, where she works on advancing human rights through strategic Advocacia , engagement with regional mechanisms, and partnerships across Africa. Her work focuses on strengthening accountability and promoting the effective implementation of human rights standards.
