,".~'" ..~,~ACH PR , African Commission on Human and Peoples' Rights Human Rights our Collective ~~esponsibi1ity especially considering that sexual violence against women and girls is international condemned as a war crime. Lastly, the use of sexual violence against women and girls was greatly disproportionate to what aim that the Respondent State's forces sought to achieve. Similarly, under Article 18(3), the African Charter affirms that mandatory obligation of State Parties to eliminate every form of discrimination against women and the duty to protect the rights of women and the girl chgd under international human rights law. :" 204. Although the African Charter does not define "discrimination", the Commission has clarified the relationship between discriI~linati0n",and genderbased violence, based on the requirement in Article 18(3) that State'Pa'rties protect the rights of women and the child" as stipulated in international declarations and conventions" and by receiving inspiration from other relevant" regional and international human rights instruments pursuant to Articles 60 and 61 of the African Charter. 205. >+ In Egyptian Initiative for Personal Rightla~d Interights v Egypt (Egyptian Initiative case),72the Commission relied OJ} the definitions proffered in the Protocol to the African Charter on Human and Peoples' Rights onthe Rights of Women in Africa 2003 (African Womenls Protocol) arid-the UN Convention for the Elimination of Discrimination Against Women 1979 (CEDAW) in aid of its analysis on the relationship between discrimination and sexual-based violence. In that case, the Commission considered the definitions of "discrimination against women" and "violence against women" in the African Women's Protocol in relation to the principl~ of non-discrimination in Articles 2 and 18(3) of the African Charter. 206. With the African Charter not providing any express definition of the term "discrimination" in Article 18(3), the Commission in the Egyptian Initiative case proceeded to consider the definitions of "discrimination against women" and "violence against women" provided in the supplementary provisions of the African Women's Protocol as well as UN instruments. In particular, the Commission considered Article l(f) of the African Women's Protocol to the effect that: 207. Discrimination against women means any distinction, exclusion or restriction or any differential treatment based on sex and whose objectives or effects compromise or All Organ or Ihe African ((~\ Union \nr~:i

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