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1 African Commission on
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Human Rights our
Collective Responsibility
Human and Peoples' Rights
95. The Complainants
submit therefore that in violating the above detailed rights and
freedoms, the Respondent
state violated Article 1 of the African Charter.
Respondent State's submissions
96. As indicated above, the Respondent
State did not submit its observations
merits, despite having been invited to do so, followed
deadline
and the extensions
Commission
of time granted
by reminders
on the
about the
to the Respondent
State. The
will therefore proceed to consider this Communication
in absentia,
in accordance with Article 108(1) of the 2010 Rules of Procedure.
The Commission's
decision on Merit
On the violation of the right to equality before the law and the right to not be
discriminated against
97. 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 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.
98. Article 3 of the African Charter provides that:
1. Even) individual shall be equal before the Lalli.
2. Every individual shall be entitled to equal the law protection of the law.
99. The non-discrimination
principle
generally
ensures
equal
treatment
of an
individual or group of persons irrespective of their particular characteristics.
Equal protection of the law, on the other hand, requires that the law itself treats
people equally, without discrimination, while the right to equality before the
law implies equal treatment of all people by the courts and tribunals, without
discrimination.w,
which supplements
Therefore,
article 3 of the African Charter guarantees equality,
the general prohibition
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on discrimination
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Article 2.41
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Isiaga v Tanzania (merits) (2018) 2 AfCLR 218 233, paras. 84 e 85.
41 Antonie Bissangou v Congo, Communication 253/02, para 70.
40
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The African Commission ~n
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31 Bijilo Annex Layout, Kombo North Distrfd~W&~t Coast Region
Phone: (220) 230 4361 Fax: (220) 441 0504
Email: au-baniulreafrica-union.ora
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