therefore be respected in all circumstances in order for anyone to enjoy all the rights provided for under the African Charter’.53 The Inter American Court has similarly observed that the principles of non-discrimination and equality are ‘the backbone of the universal and regional systems for the protection of human rights’.54 114. Article 2 of the African Charter provides that Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present African Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status 115. The Complainant argues that the restrictive provisions of the Electoral Act of Zimbabwe which permits only citizens in government service and their spouses to vote from abroad is discriminatory, as the law does not allow the same for other non-resident Zimbabweans. The Complainant submits that this discrimination disenfranchises an entire category of persons who would have otherwise been eligible to vote. 116. The Respondent State’s contention, on the other hand, pivots on the following: restrictions imposed by the Electoral Act are reasonable and do not amount to disenfranchisement or discrimination; Article 2 of the African Charter does not include residency in the list of prohibited grounds; and that the Victims are nonresidents by choice and not refugees, which would have provided a justification for extending voting rights. 117. In describing what constitutes discrimination, the Commission ascribed the following guidance in Kenneth Good v Botswana …a violation of the principle of non-discrimination arises if: a) equal cases are treated in a different manner; b) a difference in treatment does not have an objective and reasonable justification; and c) if there is no proportionality between the aim sought and the means employed.55 118. In the same vein, the European Court in D.H v Czech Republic established that “discrimination means treating differently, without an objective and reasonable justification, persons in relevantly similar positions”. 56 Purohit and Moore v the Gambia (n 25 above) para 49 IACHR. Report No. 50/16, Case 12.834, Merits, Undocumented Workers, United States of America, 30 November 2016, para. 72 55 Kenneth Good v Botswana (n 45 above) para 219 56 Application no. 57325/00 – Case of D.H. and Others v. the Czech Republic (2007) ECHR judgment, para 175 53 54 29