122. Discrimination as defined by Article 1 of CEDAW is: [A]ny 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.28 123. Furthermore, in its General Recommendation No. 19, the CEDAW Committee established the correlation between discrimination against women and gender-based violence by stating that: The definition of discrimination includes gender-based violence, that is, violence that is directed against a woman because she is a woman or that affects women disproportionately, It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Gender-based violence may brech specific provisions of the Convention ICEDAWL regardless of whether those provisions expressly mention violence.29 124. The Complainants argue that, in violation of Article 2 of the African Charter, the Victims were discriminated against in the enjoyment of their rights in violation of the African Charter on the basis of their sex and political opinion. They further allege that, there was differential treatment between men and women during the riot and that the main reason why the Victims were assaulted by the authorities is basically because they are women and journalists. According to the Complainants, this is evidenced by the sexual nature of the violations. 125. At this point, the African Commission would like to refer to the Complainants initial submissions in this Communication explaining the incident that took place on 25 May 2005.30 126. In response to the claims made by the Complainants, the Respondent State refutes the allegations submitting that, the assembly of the two parties in the riots included men and women other than the Victims. It contends that there was no discrimination and that assaults were not inflicted on the Victims because they were women. 127. The Respondent State submits further that the Egyptian Constitution affirms the principle of equality between men and women and that the law provides many privileges for women to safeguard their effective participation in the community as a matter of affirmative action for the benefit of women. 128. Since the Respondent State is contesting the allegations of the Complainants, the African Commission is called upon to analyze the arguments of both parties arid establish whether the assaults endured by the Victims as alleged, is discriminatory based on sex and political view in violation of Article 2 of the African Charter. 129. At this point in time, the African Commission would like to pose the following questions: Whether the women and male protesters had similar treatment; and whether the treatment was 'fair and just', given that all women and men in the scene were under the same circumstances, that is, exercising their political rights. 130. In finding answers to these questions, paragraphs 3 to 20 of this Communication under 'summary of facts' is crucial to the sexual nature of the violations as purported by the Complainants. 131. The First Victim alleges that she was threatened to be beaten if she insists to enter the Press Syndicate by a police officer. She alleges further that she was harassed by the NDP supporters, stating: ???Their hands were fondling my breasts and molesting all the sensitive areas in my body. They assaulted me with their hands and tore off my clothes and jewellery31 ... I ended up almost naked as a result."32 132. The Second Victim on her part alleges that, while she was taking pictures of the demonstrations she was attacked by an identified NDP supporter. She states; "He slapped me across the face and called me abusive names, like 'slut' and 'whore'."33 She further describes incidences which took place while she was hying to leave the Press Syndicate. She states: Someone dragged me by my hair and pulled me outside.... An identified police officer at the scene told me, 'I'll show you not to go down to the streets again. 'He called me abusive names, like 'whore' and 'slut.' He also told me 'we'll take your picture and distribute it'.34 ... The officer who was holding me from the back then put his hand up my blouse from the back, as if he was trying to tear off my clothes. His other arm was around me and he fondled my breasts I tried to stop him but couldn't. The two officers in front of me tried to pull off my jeans but they couldn't... The officer behind me started tearing my undershirt and bra.35 133. The Second Victim also alleges that she was intimidated after filing the Complaint at the PPO and pressured to withdraw the same. As a result, she suffered physical injuries, was emotionally traumatized, 12