......----------------------------- such alleged violation. As a result, the Court is unable to make a determination on the merits of the substance of the Applicants' allegation because of its generalised nature and finds no violation of a right protected in the Charter or other international human rights instruments ratified by the Respondent. F) Allegation that the Respondent State has violated Article 1 of the Charter 158. The Applicants allege that the Respondent has breached its obligation under Article 1 of the Charter by failing to give effect to the rights enshrined in it. 4o The Respondent has not made any submission on this allegation. 159. The Court reiterates its position in the matter of Alex Thomas v Tanzania that Article 1 of the Charter imposes on States Parties the duty to recognize the rights guaranteed therein and to adopt legislative and other measures to give effect to these rights, duties and freedoms. 41 Accordingly, in assessing whether or not a State has violated Article 1 of the Charter, the Court examines not only the availability of domestic legislative measures taken by the State but also whether the application of those legislative or other measures is in line with the realization of the rights, duties and freedoms enshrined in the Charter, that is, the attainment of the objects and purposes of the Charter. 42 If the "Court finds that any of the rights, duties and freedoms set out in the Charter are curtailed, violated or not being achieved, this necessarily means that the obligation set out under Article 1 of the Charter has not been complied with and has been violated. "43 160. In the instant case, the Court has found that the Respondent State has violated Article 6 and Article 7 of the Charter. On this basis, the Court thus concludes that the violation of these rights also simultaneously violates Article 1 of the Charter requiring the Respondent to respect and ensure respect for the rights guaranteed thereof. 4°Rejoinder, p. 7 41 Alex Thomas Case, para. 135 42 Ibid. 43 Ibid 41

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