A.
Objection to the materialjurisdiction of the Court
20. The Respondent State contends that the subject of the Application does not
relate to any of the five areas of the Court's jurisdiction set out in Rule 26(1) of
the Rules.
21.
The Respondent State maintains that it is evident that the areas in question
enumerated in Rule 26(1)(a) 1 do not correspond to the subject of the
Application which invokes cases of violations of human rights conventions. For
the
Respondent state,
the Application does not pose
a
problem of
interpretation of the Charter or other international human rights instruments.
22.
The Respondent State further contends that the said instruments have no
application difficulties in the legal and judiciary system of Jr/ali, proof thereof
being the fact that Article 116 of the tt/alian Constitution provides that treaties
duly ratified or approved by the State have, upon publication, superior authority
over that of laws; that the Family Code cannot therefore pose an obstacle to
the interpretation and application of the provisions of duly ratified international
conventions.
23. The Respondent
State also argues that, in the instant case, only simple
technical issues of harmonisation of the Family Code with the said
international instruments may be taken into account to make the application of
national laws more consistent.
24. The Respondent State maintains, lastly, that the Application is
more
concerned with issues of sensitisation and popularisation rather than those of
interpretation and application
of the Charter and other international
instruments ratified by Mali, and consequently prays the Court to declare that
it does not have jurisdiction.
urt shall have jurisdiction to deal with all cases and all disputes submitted to it concerntng
on and application of the Charter, the Protocol and any other relevant hu man rights
ment ratified by the States concerned."
4
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