VIII. REPARATIONS
126. ln the Application, the Applicant prays the court to order the measures listed
in paragraph 16, aimed at amending the law, on the one hand, and the
adoption of measures to enlighten, sensitise and educate the population, on
the other.
of the
127. ln its Response, the Respondent State sought the outright dismissal
Application as being unfounded.
12g. Article
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(l) of the Protocol
provides that "lf the Court finds that there has been a
the
violation of a human or peoples' rights, it shall make appropriate orders to remedy
violation, including the payment of fair compensation or reparation'"
129. ln this respect, Rule 63 of the Rules stipulates that "The Court shall rule on the
request for the reparation ... by the same decision establishing the violation of a
human and peoples' right or, if the circumstances so require, by a separate decision."
With respect to the measures requested by the Applicants in paragraph
16 (i), (ii), (iv), (v), (vi) and (vii), relating to the amendment of the national law,
the Court holds that the Respondent State has to amend its legislation to bring it
130.
in line with the relevant provisions of the applicable international instruments.
As regardsthe measures requested in paragraph 16 (iii), (viii), (ix), (x),
(xii) and (xiii), the Court notes that Article 25 of the Charter stipulates that State
parties have the duty "to promote and ensure through teaching, education and
131.
publication, the respect of the rights and freedoms contained in the present Charter and
to see to it that these freedoms and rights as well as the corresponding obligations and
duties are understood". The Respondent State has the obligation to comply with
the commitments under Article 25 of the Charter.
1g2.
ln the instant case, neither the Applicants nor the Respondent State has
raised the issue of costs.
133. The Court notes, in this respect, that Rule 30 of the Rules stipulates that:
less otherwise decided by the Court, each Party shal I bear its own costs."
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