ABSTRACT
The European Commission has pointed to two possible ways of interpretation, either that the embryo is not included in the protective sphere, or at least only with some limitations. It is hard to reach a conclusion as to the appropriate interpretation of the African Charter on this point, since religious and cultural beliefs and patterns still emphasize the importance of many children being born. The Penal Code of Botswana authorizes the use of death penalties along with other types of penalty, but it only applies in cases where a person is found to be guilty of murder without extenuating circumstances. A communication was lodged with the African Commission by Amnesty International regarding the treatment of the Chirwa’s other members of the public. Constitution of Botswana, Constitution of Malawi and Constitution of Mozambique establish this principle in accordance with AC, and as will be seen below some of them even go beyond the scope laid out by the regional instrument.
