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

Select target paragraph3