·.'ft'···ACHPR ( ~) (nn.H~ African Commission on Human and Peoples' Rights Human Collective Rights our Responsibility para 9152 that States Parties must respect, protect and fulfil women's rights to nondiscrimination and the enjoyment of equality. 176. In applying a framework to deal with violence against women, the Commission stresses the following palpable obligations that States must observe, specifically at least; a. First, to enact laws prohibiting all forms of violence against women and ensure that existing legislation is amended as necessary, and monitored through adequate functioning of legal processes; b. Secondly, enforce existing legislation, including investigation, prosecution of perpetrators, support! rehabilitation services for victims; and through effective reparation and c. Thirdly, to take specific measures to ensure gender-sensitive investigations and prevent gender stereotyping and secondary victimization. 177. In the Communication at hand, the Commission remains guided by its decision that violence against women constitutes discrimination.Ps Now, in determining discrimination under Article 2, the Commission follows the tests of discrimination in its decision in Kenneth Good v Republic of Botswana,154 that a violation of the principle of non-discrimination arises if: i) equal cases are treated differently; ii) a difference in treatment does not have an objective and reasonable justification; and iii) if there is no proportionality between the aim sought and the means employed. 178. Aligning with these tests, the following incidental questions are imminent to establish the violation, namely, (i) whether women and male protesters had similar treatment; and (ii) whether the treatment was 'fair and just', given that all women and men in the scene were under the same circumstances, that is, exercising their political rights. 152UN Committee on the Elimination of Discrimination Against Women (CEDAW), General Recommendation No. 28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women, 16 December 2010, CEDAW/C/GC/28, available at: https:11 www.refworld.org/docid/4d467ea72.html[accessed 9 April 2023] 154 Cited above, para. 219 The African Commissi https: