B. The alleged violation of the right to enjoy the best attainable state of
physical and mental health
54.In his Reply, the Applicant alleges the violation of his right to enjoy the best
attainable state of physical and mental health guaranteed under Article 16 of
the Charter, on the grounds that he was not recognized as married to the victim.
55. The respondent State has not made submissions on this allegation
***
56.Article 16 of the Charter provides that:
"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."
57. The Court notes that the Applicant alleges the violation of his right to enjoy the
best attainable state of physical and mental health on the grounds that he was
not recognized as married to the victim.
58.The Court is of the view that the Applicant has not demonstrated how the
Respondent State's refusal to recognize his alleged marriage with the victim
has violated his right to enjoy the best attainable state of physical and mental
health.
59. ln view of the forgoing, the Applicant's allegation lacks merit and, therefore, the
Court dismisses this allegation.
VIII.
REMEDIES SOUGHT
60.1n the Application, the Court
is requested to
the restitution of the
Applicant's rights; the quashing of the conviction and setting aside of the
sentence; order his release and reparations to remedy all violations of his
order
fundamental rights
13
g
Y,