Article 3- Right to Equality before the Law and Equal Protection of the Law 168. Articles 3(1) and (2) of the African Charter on the other hand provide that, "Every individual shall be equal before the law and that every individual shall be entitled to equal protection of the law." 169. The Complainants argue that the Victims were subjected to all the violations alleged basically because the Respondent State did not protect them from the perpetrators. 170. The Respondent State contends that the security agencies have also taken all necessary security measures, whether in terms of securing the demonstrations, or disengaging the demonstrators in accordance with the specified rules, and providing the Victims with the necessary level of protection. 171. The African Commission will at this point explain the principle of equality that underpin equality before the law and equal protection of the law according to its jurisprudence. 172. The African Commission has affirmed the principle of equality before the law and equal protection of the law by explaining the scope of these rights in Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development (on behalf of Andrew Barclay Meldrum) v Republic of Zimbabwe.53 173. With respect to 'equality before the law' under Article 3(1) of the African Charter, the African Commission stated in the aforesaid Communication that: The most fundamental meaning of equality before the law under Article 3(1) of the Charter is the right by all to equal treatment under similar conditions. The right to equality, before the law means that individuals legally within the jurisdiction of a State should expect to be treated fairly and justly within the legal system and be assured of equal treatment before the law and equal enjoyment of the rights available to all other citizens... The principle that all persons are equal before the law means that existing laws must be applied in the same manner to those subject to them.54 174. With regard to 'equal protection of the law' under Article 3(2) of the African Charter, the African Commission also held in the same Communication above that "Equal protection of the law means that no person or class of persons shall be denied the same protection of the laws which is enjoyed by other persons or class of persons in like circumstances in their lives, liberty, property and in their pursuit of happiness."55 175. Equality and non-discrimination are core principles in international human rights law. Consequently, the premise under Article 3 of the African Charter is that the law shall prohibit any form of discrimination and guarantee to all individuals equal and effective protection against discrimination on any ground, regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In this respect, the State has an affirmative duty to prohibit discrimination and ensure that all persons are protected by the law and are equal before the law. 176. The principle of 'equal protection' therefore places all men and women on an equal footing before the law. Furthermore, it indicates that all men and women are entitled to equal protection against any discrimination and against any incitement to such discrimination. The African Commission notes that, parties can only establish that they have not been treated equally by the law, if it is proved that the treatment received was discriminatory, or selective. If a party claims selective protection of the law, then the burden is on the party to show that the laws had discriminatory effects and purposes. 177. This Commission further asserts that equality before the law also entails equality in the administration of justice. In this regard, all individuals should be subject to the same criminal and investigative procedures in the same manner by law enforcement and the courts. On the other hand, for all individuals to have equal protection of the law, the dignity of every individual, whether male or female should be fair, equally safeguarded by the law and this should also be the case when applying or enforcing the law. 178. Although the Respondent State submitted, that the security agencies have "taken all necessary security measures.... providing the Victims with the necessary level of protection," the Respondent State does not mention whether the 'necessary level of protection' was effective or satisfactory to the Victims, or whether the level of protection was the same that was accorded to the men in the scene. It is not sufficient to say that necessary measures were taken when the results of those measures are not palpable. 179. It is the African Commission's view that no logical explanation can be derived from the fact that the Victims were subjected to all the assaults- physical and emotional, they claim, if the State indeed protected them from the assaults. It is also the African Commission's view that inequality based on the ground of sex is an analogous ground for discrimination. Irrefutably therefore, this Commission underscores that freedom from discrimination is also an aspect of the principles of equality before the law and equal protection of the law under Article 3 of the African Charter because both present a legal and material status of equality and 16