C. Alleged violation of the right to the enjoyment of the highest attainable
standard of physical and mental health
164. The Applicants contend that by failing to implement national or international
legal provisions prohibiting the import of toxic waste, the Respondent State
failed to comply with its obligation to eliminate and prevent any impediment
to the exercise and enjoyment of the right to physical and mental health.
165. The Applicants underscore that the victims have suffered health issues
since the dumping of the toxic waste, including vomiting, flatulence,
numbness of the eyes and even blindness, deformities, headaches and
respiratory problems. They argue that the effects of these health problems
persist over time and continue to occur because the dumping sites were not
completely cleaned.
166. The Applicants further claim that the emergency health measures taken by
the Respondent State were inadequate, ineffective and inefficient. They
aver that no study was conducted on the long-term health effects of waste
dumping. They affirm that such a study was all the more important as
pollution control measures were delayed.
*
167. The Respondent State did not submit on this point.
***
168. The Court notes that Article 16 of the Charter provides as follows:
1.
Every individual shall have the right to enjoy the best attainable
state of physical and mental health.
2.
States parties to the present Charter shall take the necessary
measures to protect the health of their people and to ensure that
they receive medical attention when they are sick.
42
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