the African Charter. 260. The Respondent State does not address Article 16 of the African Charter. 261. The right to health operates directly or indirectly as a prerequisite to all other human rights recognized by the African Charter. This principle was substantiated by the African Commission in Purohit and Moore v The Gambia where it stated that, "The enjoyment of the right to health is crucial to the realization of other fundamental rights and freedoms and includes the right of all to health facilities, as well as access to goods and services, without discrimination of any kind."112 262. The right to health has also been recognized by Article 25 of the UDHR which provides that "Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family..." 113 263. In General Comment No.14 on the right to health, the UN Committee on Economic, Social and Cultural Rights provides that: ...the right to health contains four elements: availability, accessibility, acceptability and quality, and impose three types of obligations on States - to respect, fulfil and protect the right. In terms of the duty to protect, the State must ensure that third parties (non-state actors) do not infringe upon the enjoyment of the right to health. 264. This Commission therefore underscores the fact that the right to health is an entitlement which is derived from specific obligations claimed by individuals from States, and it is very fundamental to the exercise of other human rights enshrined in the African Charter. In this regard, States have a legal obligation to protect the right to health of its citizens, including inter alia taking concrete and targeted steps towards the full realization of the right, and adopting legislation or other measures to ensure equal access to health-related services and health care. 265. In the present Communication, the facts demonstrate that the Victims were physically and emotiondly traumatized as a result of sexual violence and assaults on their person. The trauma and injuries sustained has affected their physical, psychological and mental health clearly in violation of Article 16(1) of the African Charter. 266. With respect to Article 16(2), in the Communication in question, it is reported that the Victims all received medical attention after they were assaulted, meaning that the Respondent State fulfilled its obligation under the sub-Article to ensure that the Victims received medical attention after the injuries sustained. As a matter of fact, it is through the medical reports that they were able to confirm the scars, bruises and scratches that were incurred by the Victims. 267. In this regard, it is the view of the African Commission that there was no violation of Article 16(2) of the African Charter. Alleged violation of Article 1-Obligations of Member States 268. The Complainants allege that the Respondent State has violated Article 1 of the African Charter. 269. Article 1 of the African Charter provides that, "The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them." 270. The Complainants submit that the Respondent State violated Article 1 of the African Charter when it failed in its positive obligation to protect the Victims from the violations they incurred. They also raise the issue of non investigation by the Respondent State as a violation of Article 1 of the African Charter. 271. The Respondent State did not make any submissions directly related to Article 1 of the African Charter. Its submissions under the other Articles however touch on the issues of protection and investigation which will not be replicated here. 272. The African Commission has held that Article 1 of the African Charter gives the latter a legally binding character and that a violation of any provision of the Charter automatically means a violation of Article 1.114 273. Following the analyses of the other Articles alleged to have been violated by the Respondent State, it is the view of the African Commission that the violations that have been committed by the Respondent State against the Victims have been prompted by the latter's failure to protect, promote and fulfil these rights as required by the African Charter. In addition, the State's failure to thoroughly investigate the violations and institute mechanisms to protect the Victims from further violations has also demonstrated the State's contravention of Article 1 of the African Charter. 274. It is the opinion of the Commission that in the present Communication, the Respondent State had a responsibility to provide a police force to protect the Victims against violations of their rights during the protest, and to put in place normative systems and institutions to maintain a system of justice that provides remedies for violations and imposes sanctions on violators. It is also the duty of the Respondent State, to 24