C. Alleged violation of the right to non-discrimination
97. The Court notes that on these issues the parties advance the same arguments
as those for the alleged violation of the rights to full equality before the law and
to full protection of the law.
***
98. The Court notes that 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.
99. The Court recalls its jurisprudence that:
There is an interconnection between the rights to equality before the
law and equal protection of the law, on the one hand, and the right
to non-discrimination, on the other, insofar as the entire legal
structure of both national and international public policy is based on
this principle, which transcends any standard.17
100. The Court emphasises that it is for the Applicant claiming to have been the
victim of discriminatory treatment to prove it and that general assertions that a
right has been violated do not hold.18
17
18
Tiekoro Sangaré et Others v. Republic of Mali, AfCHPR, Judgment (merits) (23 June 2022) § 55.
Ibid. Sangaré v. Mali § 56.
23
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents