000319
***
84.The Court notes from the outset that it does not have jurisdiction to interpret or
apply the domestic legislation of the Respondent State, rather it has jurisdiction
only to interpret and apply the Charter and other human rights instruments ratified
by the Respondent State. Accordingly, it limits its assessment to the relevant
provisions of the Charter and makes reference to the domestic legislation including
the Constitution of the Respondent State, only in the course of interpreting and
applying those provisions.
S5.Article 3 of the Charter provides that:
"Every individualshall be equal before the law. Every individual shall be entitled to
o
equal protection of the law"
86. The Court notes that Article 3 is essentially intertwined with Article 2 of the Charter
prohibiting discrimination.l6 For the Court to find a violation of Article 3, it shall be
demonstrated either that an applicant was discriminated against before judicial or
quasi-judicial authorities or that the domestic law allows a discriminatory treatment
against him or her as compared to other persons who are in the same situation as
he or she is.
87.1n the present Application, the Court notes that Articles
12 and 13 of
the
Constitution of the Respondent State provides for the right to equality and equal
a
protection of law in the same terms as the provisions in the Charter, including by
prohibiting discrimination among individuals on unjustified grounds. To this extent,
the Applicants have the right to equality before the law and equal protection of the
law just as any other individuals within the jurisdiction of the Respondent State and
16
Application No 009&01112011. Judgmentof 14l05l1O15.Tanganyika Law Socr'ety and The Legal and
Human Rtghfs Centre and Reverend Christopher Mtikila V. The United Republic of Tanzania, $$105.1 and
105.2, Application No. 00612012. Judgment of 26/0502017. African Commission on Human and Peoples'
Rights v. Republic of Kenya, S 138.
26
Y