103. The Court observes that the right to protection against discrimination, as
stipulated in Article 2 of the Charter, is fundamentally related to the right to
equality before the law and equal protection of the law enshrined under
Article 3 of the Charter.33
104. However, the ambit of the right to non-discrimination extends beyond the
confines of equal treatment under or before the law. It also has an additional
facet that enables individuals to effectively enjoy the rights outlined in the
Charter, without facing differentiation based on attributes like race, colour,
gender, religion, political ideology, national origin, social heritage, or any
other status.34
105. The Court has previously held that the right to equal protection of the law
specifically requires 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”.35 In a similar case against the Respondent State, the Court noted
that this right is recognised and guaranteed in the Constitution of the
Respondent State. The relevant provisions (Articles 12 and 13 of the
Constitution) enshrine the right in similar form and content as the Charter,
including by prohibiting discrimination.
106. The Court has observed that the right to equality before the law also requires
that “all persons shall be equal before the courts and tribunals”.36
107. In the instant case, as elucidated in preceding paragraphs 80-84, the
domestic courts thoroughly reviewed all available evidence and considered
the arguments presented in the Applicant’s appeal, ultimately concluding
African Commission on Human and Peoples’ Rights v. Kenya (merits), supra, § 138.
Ibid.
35 Article 26 of the International Covenant on Civil and Political Rights (ICCPR) (1966), see also Isiaga
v. Tanzania (merits), supra, § 84. The Respondent became a State Party to the ICCPR on 11 June
1976.
36 Isiaga v. Tanzania, ibid.
33
34
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