·:i':io.··. ACH PR · 1·• African Commission on Human Rights oLir nm:i:{ w Human and Peoples' Bights Collective Responsibility attaining a lawful goal. If the methods used to validate differing treatment are excessive or disproportionate, it may indicate discriminatory practices. 107. The Commission emphasized that these three criteria for evaluating discrimination are cumulative, meaning that meeting any of these conditions suffices to establish a violation of the right to non-discrimination. 108. The contentions raised by the Complainant imply mistreatment and discriminatory behavior directed towards him. While definitively proving differential treatment without specific details or contrasting evidence among individuals in similar circumstances poses challenges, it is crucial to question whether demonstrating varying treatment towards others in comparable situations is a prerequisite when subjected to treatment based on lineage or faith. 109. In situations where treatment seems correlated to one's status - such as beliefs, lineage, or nationality - discriminatory behavior can be reasonably inferred. This inference stems from the notion that the treatment stems from specific characteristics like faith, creed, lineage, or nationality. In the present Communication, the assertions concerning being identified as a Jew, reprimanded for not speaking Arabic, or subjected to derogatory epithets like "Lebanese dog" potentially signify discriminatory conduct directed at the Complainant based on these specific attributes. The Commission opines that the act of mislabeling tied to his ethnicity and the imposition of a linguistic requirement that is unfamiliar to him not only exacerbated his distress but also underscored the discriminatory essence of the treatment he endured. In this context, the Commission, as evidenced in the case of Institute for Human Rights and Development in Africa (acting on behalf of Sierra Leonean refugees in Guinea) v. Guinea, underscored that although States retain the right to prosecute individuals they deem as security risks, the extensive human rights transgressions targeting Sierra Leoneans due to their origin contravene Article 2 of the Charter2s. 25 Communication 249/02-lnstitute for Human Rights and Development in Africa (acting on behalf of refugees in Guinea) v. Guinea, para 72 24 African Com 31 Bijilo hts � strict, ���� West Coast egion, The Gambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-b<1D.iul@.africa-union.org https:/achpr.au.int/0 0 a

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