74.
It
is
true
that
Rule
34(4)
of
the
Rules
Application “shall specify the alleged violation’.
provide
that
the
However, there is no
insistence with regard to a formal indication in an application of the
instrument from which the provision of the alleged violation is based.
The
Court
therefore
rules that reference
by the Applicants
to the
Declaration to allege a violation has no effect on its jurisdiction as
long as the alleged violation is also provided for by a treaty ratified by
the State concerned.
75.
The Court has the power to exercise its jurisdiction over alleged
violations,
in
relation
to
the
relevant
human
rights
protection
instruments ratified by the Respondent.
76.
The Court notes that all the rights alleged by the Applicants to
have
been
Charter,
violated
by
the
Respondent,
guaranteed
in
the
notably: the right not to be discriminated against (Article 2
and 3), the right to an effective remedy
and
are
fair remuneration
(Article
15),
(Article 7), the right to work
the
right
to
life and
personal
integrity (Article 4); and with respect to the International Covenant on
Economic,
Respondent
Social
and
ratified
on
Cultural
11
June
Rights
1976,
(ICESCR)
the
which
right to an
the
adequate
standard of living is guaranteed under Article 11.
77.
The
Court
therefore
rules
that
it
has
jurisdiction
ratione
materiae to hear the case and overrules the Respondent's objection
to its jurisdiction.
RB
Ne
° A
2B
SY