misconceived in that the treatment exacted on the victims was also exacted on others in the same situation as the victim or that the circumstances of the victims are relevantly different from those of the comparator. Secondly, the Respondent State may admit the differential treatment was objectively and reasonably justifiable. 125 191. The Commission concluded in that Communication that no discrimination had occurred because the Complainant had not identified a male comparator to demonstrate that she had been treated differently from In an unjustifiable manner. 126 192. From these landmark decisions, it can be aiscerned that the test applied by the Commission to determine whether discrimination against women has occurred is to enquire whether: (a)There were similarly situated men; (b) the women received differential treatment from the similarly situated men; and (c) that differential treatment was objectively and reasonably justi~able. 193. Turning to the present case, the Commission has already found in its decisions on the first allegation that the· Respondent State failed to investigate, prosecute and punish the victim's case. The Commission has to consider if this failure to act with due diligence amounts to discrimination. Before that, it is concomitant for the Commission to make a determination on the prickly matter of the legal test for discrimination. 194. The Complainants righti.Y point out that the traditional legal test for discrimination which relies on the use of a Male Comparator to establish discrimination is 'premised on the concept of formal equality. Loosely speaking, formal equality requires similarly situated parties to be treated similarly. It has often been colloquially referred to as "equality as sameness". The Commission has previously pointed this out in Sudanese Civ' · ~~~~ ordofan and Blue Nile (represented Sudan Democracy F SS, Human Rights Watch, INTERIGHTS and Enough Pr stated that "The Commission's interpretation of Articles on formal equality between the sexes, as opposed substantive 127 transformative equality. " 125 Equality Now (2015) para 148 126 Equality Now (2015) para 149-150 127 Communication 402/11 & 412/12 (2023) para 220 49