142. The Court notes that equality and non-discrimination are fundamental principles
of international human
rights law and that everyone, without distinction, should
enjoy all the rights.
143. Article
10 (3) of the African
Charter
on
Democracy
on
which
the Applicant
particularly relies, provides as follows:
“State Parties shall protect the right to equality before the law and equal
protection
by
the
law
as
a fundamental
precondition
for
a just
and
democratic society.”
144. Article
3 of the
Charter
on
Human
Rights
also
mentioned
by the Applicant
provides that:
“4, Every individual shall be equal before the law
2. Every individual shall be entitled to equal protection of the law”
145. Article 26 of the Covenant is much
more detailed in this regard. It provides as
follows:
“All
persons
are
equal
before
the
law
and
are
entitled
without
any
discrimination to the equal protection of the law. In this respect, the law
shall prohibit any discrimination
effective protection
and guarantee to all persons equal and
against discrimination
on any ground
such
as race,
colour, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status.”
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