15 lndeed, according to Articles 2 and 3 of the Charter, tbe principle of nondiscrimination applies only to the rights guaranteed in the Charter, whereas the principles of equality apply to all the rights protected in the municipal system of a State party even if they arc not recognized in the Charter. 37. ln the instant case, the Court should have started its reasoning by clearly indicating this distinction and stating U1at the alleged discriminations actually relate to two rights guaranteed in the Charter. After having established that there actually exists a vio lation of these two rights and that various groups of peoples w ere given a different treatment, the Court should have underlined that any difference of treatment does not necessarily constitute a discrimination. Indeed, as the Human Rights Committee of the United Nations indi cated in its General Comment of Articl e 26 of the Second International Covenant, "differenUation is not discrimination if it is based on objecti ve and reasonable criteria and if the 1 aim is legitimate in li ght of the Covenant" (see a similar statement of the European Court of Human Rights in the case Lithgo'yl,-' v. United Kingdonl). 38. It is only after having laid down these pre mises, that the Court should have dealt, as it did in Paragraph 119 of the Judgm ent, with the objective 1 General Comment No./ 8,. Non-Discrimination, adopted by the Committee on I 0 November 1989 during its 3i" Session, Paragraph 13; see also, ror example, its Views adopted oo 15 July 2002 and relating to Communication No. 932/2000, lluman Rights Committee, Doe. CCPJUC/75!J)/932/2000. 26 July 2002, pp. 21-24, Paragraphs 12.2-13. I l( 2 Accord ing to the European Court, for the purpose of Article 14 of the European Convention, a diflerence of treatment is discriminatory if it «has no objective or reasonable justilication», that is, if it does not pursue a «leg itimate aim», Applicalion No 9063180, Judgment of 8 July 19R6, Se1ies A, No. I 02, Paragraph 177, European Human Rights Report, 1986. No. 8, p. 329.

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