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

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