to pay a fee in lieu of blood donation, the Commission finds that these are
statements of fact that are not supported by any legal argument or supporting
documentation. In particular, it is not enough to say that there is a compulsory
blood donation by the spouses of pregnant women or the payment of a
consideration in terms of money, it must also be supported by evidence. In the
absence of such evidence, the Commission concludes that there is no
discrimination based on this allegation.
139. As a result, Article 2 of the African Charter and Article 2 of the Maputo Protocol
have not been violated.
On the violation of the right to equality
140. The right to equality is protected by Article 3 of the African Charter, which states:
"(1) All persons shall enjoy full equality before the law. 2. All persons are entitled to equal
protection of the law. This has two components, on the one hand the right to equality
before the law and on the other hand the right to equal protection of the law.
141.In Isiaga v Tanzania, the African Court noted that the right to equal protection of
the law means that "the law shall prohibit discrimination and guarantee to all
persons equal and-effective protection against discrimination on any ground such
as race, colour, sex, Umguage, religion, political or other-opinion, national or social
origin, property, birth or other status".51Thus, the right to equality before the law
means that all are equal before the courts and tribunals.
142. As for the right to equal protection of the law envisaged in Article 3 of the African
Charter, the Commission-stated in Spilg and Mack & DITSHWANELO
(on behalf of
Lehlohonolo Bernard Kobedil V. Botswana that it consists of the right of all persons to
"""
have equal access to the law and the courts and to be treated equally by the law
and the courts= . As a result, to prove a violation of Article 3 of the African
Charter, it must be shown that the victims did not receive favourable protection
similar to that accorded to others in the same situation.
,
143. In the present case, the Complainants do not show how the victims have benefited
from differential protection by the law and courts of the Respondent State.
144.As a result, Article 3 of the African Charter has not been violated.
On the violation of the right to information
27