14
34. Such proof has, however, not been forthcoming from the Respondent
State. That is what the Court ought to have expressed in a clea rer manner
particularly with regard to the right to freely participate in the
government of the country. Paragraphs I 09 in ji.ne, lll, 1J 3 and 114 of
the Judgment indeed s uggest that the barring of independent candidates
from certain elections and the correlative obligation to belong to a
political party are in "themselves" vi o lations of Articles I 0 and 13 (l) of
the Charter, whether or not such limitations are reasonable. The reasoning
of the Court would had been cleare r if its various sequences and the
conesponding paragraphs of the Judgment were positioned in a more
coheren t manner so to show that it is the fact that the limitation to the
rights concerned were unreasonable that led the Court to the conclusion
that the said right.:; had been violated. Paragraph 109, in pa1iicular, is not
at its right place in the reasoning of the Court (it should be located
upstream) and Paragraph I 08, for
part, addresses issues which are
extraneous to the instant case.
35. Having found that Articles I 0 and 13 ( l) of the Charter had been
violated, the Court could only have concluded that there was violation of
the principles of non-discrimination and of the equal protection of the la w
as enshrined in Articles 2 and 3 (2), respectively.
36. The principle of non-di scrimination, on one hand, and the pri nciples of
equality before the law and of equal protection of the law, on the other,
are in close relationship. They are so to say the two s ides of the same
coin, the first principle being the corollary of the second on es. Their main
difference under the A fi·ican Chatter lies in their respective scope.
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