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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