109. Article 2 of the Charter states that:
“Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, colour, sex, language,
religion, political or any other opinion, national and social origin, fortune,
birth or other status.” (See also Articles 1 and 2 of the Universal Declaration
of Human Rights)
110. Article 2 of the Charter is imperative for the respect and enjoyment of
all other rights and freedoms protected in the Charter. The provision strictly
prohibits any differential treatment between persons existing in similar
contexts based on one or more of the prohibited grounds listed in Article 2
above. (See the case of AJAMI YASMINE MARIE JEANNE V. STATE OF
COTE D'IVOIRE, Judgment No. ECW/CCJ/JUD/12/20 of 8 July 2020, p.41
& 253)
111. In the instant case, the Applicant merely asserts that the Defendant
violated the aforementioned Article 2 of the Charter, without indicating what
kind of discriminatory treatment he was subjected to in comparison with
other persons who were in the same situation as him, nor does he specify the
grounds prohibited by Article 2 of the Charter, the burden of which was upon
him.
112. Based on the foregoing reasons, the Court considers that the Applicant
is not victim of any discriminatory practice that violates the principle of the
prohibition of discrimination guaranteed by Article 2 of the Charter.
113. In this sense, the Court concludes that the Applicant's claim in this
regard must be dismissed.
114. Article 6 of the Charter states that:
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