ECOWAS COURT RULES AGAINST CLAIM OF RIGHT TO HEALTH VIOLATION IN CASE BROUGHT AGAINST THE REPUBLIC OF CABO VERDE

Abuja, 7 April 2025 – The Community Court of Justice of the Economic Community of West African States (ECOWAS) has today delivered its judgment in Case No. ECW/CCJ/APP/38/23, Lacerda Yoann v. Republic of Cabo Verde, finding no violation of the Applicant’s right to health as alleged.

Summary of Judgment

The Court ruled that the Republic of Cabo Verde did not violate the Applicant’s rights under:

  • Article 16 of the African Charter on Human and Peoples’ Rights (right to health)
  • Article 12 of the International Covenant on Economic, Social and Cultural Rights (ICESCR)
  • Article 25 of the Universal Declaration of Human Rights (UDHR)

While acknowledging the importance of the right to health as enshrined in international human rights instruments, the Court concluded that the Applicant failed to provide sufficient evidence that the State had refused or impeded his access to health services.

Case Background

The case concerns Mr. Lacerda Yoann, a citizen of Cabo Verde suffering from common variable immunodeficiency, a hereditary immune disorder requiring specialized medication. Since 2011, the Applicant had been traveling semi-annually to Paris, France, to receive essential treatment. However, due to COVID-19 pandemic travel restrictions, he attempted to import the medication through Cabo Verde’s public health institutions.

The Applicant alleged that despite receiving an import authorization from the relevant authority in October 2019, he faced continued administrative obstacles, including unanswered requests and failed follow-up attempts through 2021, which interrupted his treatment. He sought a declaration that his rights had been violated and requested compensation in the amount of ten million US dollars.

The Republic of Cabo Verde contended that the medication in question was classified for hospital-use only, requiring administration in a clinical setting. The State maintained it had provided clear guidance to the Applicant on how to proceed, including contacting a hospital for proper administration, but that the Applicant failed to follow these instructions.

Court’s Decision

The Court found that it had jurisdiction to hear the matter and declared the application admissible.

On the merits, the Court determined that Cabo Verde had taken the necessary steps to authorize the importation of the medication and had properly informed the Applicant of the required hospital-based procedures. As such, the burden of proof was not met to establish a violation attributable to the State.

The Court dismissed all claims and ordered each party to bear its own costs.

Judicial Panel

The judgment was rendered by a panel comprising:

  • Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge and Judge Rapporteur)
  • Hon. Justice Sengu Mohamed Koroma (Member)
  • Hon. Justice Dupe Atoki (Member)