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Periodical article Periodical article
Title:La notion de dommage exceptionnel comme base pour la réparation du préjudice subi par les femmes exerçant le petit commerce informel durant la période de l'état d'urgence sanitaire dans la ville de kinshasa
Author:Ekomene, Genèse Bibi
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Geographic term:Congo (Democratic Republic of)
External link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2021-1-135
Abstract:This paper is an advocacy for women engaged in informal small-scale trade who have been hard hit by the state of emergency measures enacted to control the spread of the coronavirus of december 2019 (covid-19). the author will explore possible solutions to restore the rights of women victims at least before covid-19. the first two paths are governmental. on the one hand, the battery of economic measures to mitigate the harmful effects of covid-19 decided by the government. these measures include tax exemptions and tax breaks. on the other hand, there is the national solidarity fund against coronavirus (fnscc), whose mission is to support people whose economic activity has been destroyed by the adverse consequences of the pandemic. however, the first hypothesis does not concern people engaged in small-scale informal trade who have lost all their income due to the cessation of their activities and the second path that of the fnscc, is ineffective. only the judicial channel could consist in referring the matter to the council of state for exceptional damage in order to obtain compensation as provided for by the legal provisions in force.