84.
He contends that by noting the unlawfulness of the dismissal without ordering his
reinstatement
and
the
payment
of the
real value
of unpaid
wages
and
other
prejudice suffered, the High Court prevented him from practicing his profession.
85.
The Applicant further submits that in the dismissal letter he was defamed to the
extent that he was
institution
unable to find a new job.
did not issue
He
claims,
in addition,
him with a certificate for the services
that the
rendered
as
requested by potential employers in his search for a new job. The Applicant further
claims that, being the only one who succeeded in the written tests for recruitment
at the Kigali University Hospital and Rwanda
Housing Authority, he should have
been hired. However, according to him, the only reason he was not hired was the
defamatory nature of the dismissal letter issued by RECO
86.
& RWASCO.
He alleges that these acts constitute a violation of Article 6(1) of ICESCR.
eee
87.
The Court notes that the Applicant alleges the violation of the right to work as
guaranteed by Article 6(1) of ICESCR which states that:
The States Parties to the present Covenant recognize the right to work, which
includes the right of everyone to the opportunity to gain his living by work which he
freely chooses or accepts, and will take appropriate steps to safeguard this right.
88.
The Court notes that the same
right is protected under the Charter in Article 15
which states that: “Every individual shall have the right to work under equitable
and satisfactory conditions, and shall receive equal pay for equal work.”
89.
The Court notes that, in comparison to Article 15 of the Charter, the provisions of
Article 23 of UDHR which have acquired the character of customary international
law°®,
contain
a more
exhaustive
and
detailed
enumeration
of the
different
°At least in its provisions relevant in this case. See Anudo Ochieng Anudo v. Tanzania (Merits), § 76.
See also, Diplomatic and Consular staff of the United States in Teheran (United States v. fran) (1980) ICJ
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