iiC:~. C H.P R
".41
m.:.\.ny5"
AAf'
c
ncan ornmrssron on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
c. Thirdly, the alleged threats against the Victims accused of practising
prostitution for participation in the protest can also be classified as being
gender-specific.
186. To determine whether discrimination took place, the Commission recalls and repeats
the respective positions adopted by the Inter-American Court in its Advisory Opinion on
the proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica159
and the UN Human Rights Committee in its General Comment No. 18160 that:a. no discrimination exists if the difference in treatment has a legitimate purpose
and if it does not lead to situations which are contrary to justice, to reason or to
the nature of things; and
b. not every differentiation of treatment wilt~constitute discrimination if the
criteria for such differentiation are reasonable and objective and if the aim is to
achieve a purpose which is legitimate under the Covenant;"
187. Now, posing a rhetorical question on the differentiation of treatment of the Victims in
the present Communication, can it be classified as reasonable and legitimate as
expressed by the UN Human Rights Committee? The Commission finds negative. The
treatment was neither legitimate nor justifiable because there is no reasonable cause
behind the discrimination that was inflicted upon the Victims.
188. The Commission further considers that the alleged incidents took place in the form of
systematic sexual violence targeted at the women at the scene who appear to have
participated in the demonstration. Furthermore, as previously held in Egyptian Initiative
for Personal Rights (EIPR) and INTERIGHTS v Egypt, the perpetrators of the assaults
seemed to be aware of the context of Egyptian society; an Arab Muslim society where a
woman's virtue is measured by keeping herself physically and sexually unexposed
except to her husband. The perpetrators were aware of the consequences of such acts
on the Victims, both to themselves and their families, but still perpetrated the acts as a
Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica, Advisory Opinion
Oc-4/84, January 19, 1984, Inter-Am. Ct. H.R. (Ser. A) No.4 (1984) para 57.
159
Human Rights Committee, General Comment 18, Non-discrimination
Compilation of General Comments and General Recommendations Adopted by H
U.N. Doc. HRI/GEN/1/ Rev.1 at 26 (1994). Para 13
160
441 P age
31 Bijilo Annex Layo~.d'l'rJjw
West
Phone: (220) 230 4361 Fax:
Email: au·banlul@africa·union.org
https:/achpr.au.intlO
(I a