American
Court
of
Human
Rights
on
the
Proposed
Amendments
to
the
Naturalisation Provisions of the Constitution of Costa Rica, Advisory Opinion of 19
January 1984, the Respondent State argues that no discrimination can be said to
“exist if the difference in treatment has a legitimate purpose and if it does not lead
to situations which are contrary to justice, to reason or to the nature of things...”
The
Respondent
State
further
argues
that
“the
principle
of equality
or non-
discrimination does not mean that all differential treatments and distinctions are
forbidden because some distinctions are necessary when they are legitimate and
justifiable.”
66. The Respondent State submits, therefore, that a State Party to the Charter enjoys
“a margin of appreciation in assessing whether and to what extent differences in
otherwise similar situations justify a different treatment.” Specifically, in relation to
the Applicant’s allegation, the Respondent State submits that a:
... reasonable relationship of proportionality between the means employed by the
Constitution
of the
United
Republic
of Tanzania
in relation to article 41(7)
are
legally based on an objective and reasonable justification and the aim sought to
be
realised
therefore,
in
protection
of the
United
Republic
of
Tanzania’s
sovereignty,
it is not in violation of Article 2 of the African Charter on Human
and
Peoples’ Rights.
aE
67. The Court recalls that Article 2 of the Charter provides as follows:
Every individual shall be entitled to the enjoyment of the rights and freedoms
recognised 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 any status.
68. The Court recalls that in APDH v Cote d'Ivoire, it accepted that discrimination is “a
differentiation of persons
or situations on the basis of one
18
or several
unlawful