Communication 341/07 - Equality Now v Ethiopia
the law means that existing laws must be applied in the same manner to
those subject to them. u
142.
Thus every human being must be recognised as such under and by the law. A
human being must also have protection by the law. Legal protection entails the
existence of laws guaranteeing rights and freedoms; proscribing acts and omissions
that constitute infringement the rights and freedoms. In addition to existence of
such laws, protection of the law includes the guarantee that individuals will have
access to mechanisms, institutions and processes for vindication of their rights and
obtaining remedies when they suffer violations. Further, Article 3 of the Charter
guarantees that such protection must be accorded to all persons in analogous
situations in an equal manner and measure. These elements constitute the essence
of Article 3 of the Charter.
143.
In that regard, Article 3 of the Charter must be read together with Article 2 of the
Charter. The latter embodies two basic entitlements: to enjoy the rights under the
Charter, and not to be discriminated against in the enjoyment of the rights and
freedoms under the Charter. This includes the right to protection of the law. In this
regard, individuals should not be subjected to unjustifiable distinctions of any kind
such as those listed under Article 2 of the Charter. Article 2 embodies the principle
of non-discrimination which reinforces the equality rights under Article 3 by
prohibiting unjustifiable discrimination.
144.
Notably, the gravamen of discrimination is the unjustifiable distinction or
differential treatment of persons in relevantly analogous situations. This is clear
from the definitions of discrimination in international human rights law. For
example, Article 1(f) of the Protocol to the African Charter on the Rights of Women
in Africa (the Women's Protocol) defines discrimination as "any distinction,
exclusion or restriction or any differential treatment based on sex and whose
objectives or effects compromise or destroy the recognition, enjoyment or the
exercise by women [...] of human rights and fundamental freedoms in all spheres of
life.15 Article 1 of the Convention of the Elimination of All Forms of Discrimination
Against Women (CEDAVV) uses the same terms as the Women's Protocol. In
General Recommendation (GR) No. 19, the Committee on CEDAW interprets
discrimination to include "gender-based violence, that is, violence that is directed
14 Communication 294/04 - Zimbabwe Lawyers for Human Rights and Institute for Human Rights anc
Africa (on behalfof Andrew Barclay Meldrum) v Zimbabwe (2009) ACHPR para. 96
1 Protocol to the African Charter on the Rights ofWomen in Africa, adopted on 13 September 2000, Art. 1(0