92. As for the right to equal protection of the law, it means that:
The law 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.15
93. The Court also recalls that, in accordance with its jurisprudence, the right to
equality before the law and equal protection of the law does not mean that all
cases must necessarily be dealt with by the courts in the same manner, since
the manner of dealing with each case may depend on its peculiar
circumstances.16
94. The Court recalls that the Applicants base their allegation on the misapplication
of the law by the Supreme Court.
95. The Court emphasises that the Applicants have failed to show that they were
victims of unequal treatment before the law or unequal protection by the law
when compared to other persons.
96. In view of the foregoing, the Court dismisses the Applicants’ allegations as
unfounded. Consequently, the Court finds that the Respondent State did not
violate the Applicants’ rights to total equality before the law and to equal
protection of the law, protected under Article 3 of the Charter.
15
16
Ibid. Mariko v. Mali, § 101.
Beneficiaries of the late Norbert Zongo et Others v. Burkina Faso (merits) ( 2014) 1 AfCLR 219, § 167.
22
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