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
AC
HP
R
were physically and emotionally 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.
78
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