shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race,
colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.”
73.
It should be borne in mind that, in cases of discrimination, Articles 2 and 3
of the African Charter must be interpreted jointly.
TA.
This right is also guaranteed in the Maputo Protocol, which obliges State
parties to combat all forms of discrimination against women, as well as in
the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), which defines discrimination against women as “any
distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or
exercise by women,
irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in
the political, economic, social, cultural, civil or any other field.”
75.
It should be noted that, although Article 2 of the Charter prohibits
distinctions
or differential treatment based
on the grounds
specified
therein, not all forms of distinction can be considered discrimination (see
Human
Rights
Committee,
General
Comment
No.
18
-
Non-
discrimination, 1989, §8-13, Inter-American Court, Advisory Opinion No.
0C-4/84 of January 19, 1984, p. 104-106 §55 and 57; The European Court
in the case MARCKX C. BELGIUM, No. 68/33/74, June 13, 1979; The
African
Commission,
in
case
KENNETH
GOOD
vy.
BOTSWANA,
Communication no. Application No. 006/2012, AFRICAN COMMISSION
ON HUMAN AND PEOPLES’ RIGHTS v. REPUBLIC OF KENYA, May
26, 2017).
19