74.
It is true that Rule 34(4) of the Rules provide that the
Application "shall specify the alleged violation". 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 rig.hts protection
instruments ratified by the Respondent.
76.
The Court notes that all the rights alleged by the Applicants to
have been violated by the Respondent, are guaranteed in the
Charter, notably: the right not to be discriminated against (Article 2
and 3 ), the right to an effective remedy (Article 7), the right to work
and fair remuneration (Article 15), the right to life and personal
integrity (Article 4); and with respect to the International Covenant on
Economic,
Respondent
Social
and
Cultural
Rights
(ICESCR)
which
the
ratified on 11 June 1976, the right to an 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 .
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