146. The principle of “equality” in law presupposes
that the law protects everyone
without discrimination"®.
147.
Concerning
discrimination,
it is defined
as
a differentiation
of persons
or
situations on the basis of one or several unlawful criterion/criteria’®.
148. In the same vein, the European Court of Human Rights declared in the Matter of
Yumak and Sadak v. Turkey” that:
“With regard to electoral systems, the Court’s task is to determine whether
the effect of the
rules governing
parliamentary
elections
is to exclude
some persons or groups of persons from participating in the political life of
the
country,
and
electoral system
whether
can
the
discrepancies
be considered
created
by
a
particular
arbitrary or abusive or whether the
system tends to favour one political party or candidate by giving them an
electoral advantage at the expense of others”.
149. The
Court
imbalanced
has
found
that the
composition
in favour of the Government
of the
Ivorian
electoral
and that this imbalance
body
is
affects the
independence and impartiality of that body.
150. It is therefore
another
clear that in the event that the
individual
candidate
belonging
for any election,
to
his
political
President
family
of the
presents
Republic
himself
be it presidential or legislative, the impugned
or
as
a
law
would place him in a much more advantageous situation in relation to the other
candidates.
*5 Dictionary of Human
Rights
under the direction
of
Joél Andriantsimbazovina,
Héléne
Gaudin, Jean-Pierre
Maguénaud, Stéphane Rials and Frédéric Sudre, French University Press, 2008, page 284
*® Dictionary of International Public Law, under the direction of Jean SALMON, Bruylant, Brussels, 2001, page 344
*” application 1022/03, Judgment of 8 July 2008, paragraph 21
34
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