65. The Court observes, from the Applicant’s submissions that he makes a joint
allegation of violation of Articles 2, 3, and 7(1) of the Charter. It is indeed
the Applicant’s contention that the domestic courts did not uphold his rights
to non-discrimination, equality before the law, equal protection of the law,
and to have his cause heard while examining issues related to identification
and evidence. The Court will examine these allegations jointly.
66. Article 2 of the Charter provides that:
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.
67. Article 3 of the Charter provides that:
1.
Every individual shall be equal before the law.
2.
Every individual shall be entitled to equal protection of the law.
68. Article 7(1) of the Charter provides that:
Every individual shall have the right to have his cause heard.
69. Regarding the right to non-discrimination as protected under Article 2 of the
Charter, the Court recalls that, as it held in Action pour la Protection des
Droits de l’Homme (APDH) v. Republic of Côte d’Ivoire, discrimination is “a
differentiation of persons or situations on the basis of one or several
unlawful criterion/criteria.”22
70. With respect to Article 3, equality before the law, and equal protection of the
law presuppose that the law protects everyone without discrimination
22
APDH v. Côte d’Ivoire (merits and reparations), supra, §§ 146-147.
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