158. The African Commission maintains that Article 2 of the African Charter is a guarantee that every individual is entitled to enjoy all the rights provided for under the African Charter and that no person shall be deprived of the enjoyment of any of the Charter rights based on his/her race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. Therefore, for there to be a violation of Article 2 of the African Charter, it must be shown that the victim of the alleged violation has AC HP R been deprived of the enjoyment of a Charter Right on the basis of his/her race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 159. The African Commission further believes that the right to equal protection of the law envisaged under Article 3 of the African Charter consists of the right of all persons to have the same access to the law and Courts, and to be treated equally by the law and Courts, both in procedures and in the substance of the law. While it is akin to the right to due process of law, it applies particularly to equal treatment as an element of fundamental fairness.44 It is a guarantee that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances in their lives, liberty and property. 160. The African Commission, therefore, believes that for there to be a violation of Article 3 of the African Charter, it must be demonstrated that the victim of the alleged violation was not accorded the same protection or treatment that is usually accorded to other persons in like circumstances. 44 See the case of Brown v. Board of Education of Topeka (1954) 347 U.S. 483 43