,'"f) 6.�Jj,Ef1 ( Human Rights ou, Human and Peoples' nights Collective Responsibility intention or consequence of invalidating or impeding the acknowledgment, enjoyment, or exercise of all rights and freedoms by all individuals on an equal basis. 23 By encompassing various grounds, such as race, color, and other status, the definition acknowledges the multifaceted nature of discrimination and the diverse characteristics that can become the basis for discriminatory acts. 105. Furthermore, the Commission's definition recognizes that discrimination can take various forms, including acts aimed at distinction, exclusion, restriction, or preference. This broad understanding ensures that all manifestations of discrimination, regardless of their specific nature, are encompassed within the definition. By doing so, the Commission acknowledges the complexity of discrimination and the need to address it comprehensively. 106. In the case of Kenneth Good v. Republic of Botswana (the Kenneth Good Case), the Commission established three pivotal criteria for assessing instances of discrimination, setting a comprehensive framework for such evaluations. 24 1. 11. iii. Differential Treatment of Equal Cases: Discrimination manifests when individuals or groups in identical or similar circumstances face disparate treatment. It signifies that individuals who should receive equal treatment are instead subjected to differing standards based on specific traits like race, gender, or nationality. Lack of Objective and Reasonable Justification: Discrimination necessitates that the differential treatment lacks a valid and reasonable rationale. This implies that no legitimate explanation can justify the different treatments. When the variance in treatment lacks a justifiable basis, discrimination concerns are raised, particularly when motives do not align with safeguarding public welfare or advancing a significant state interest. Lack of Proportionality: The principle of proportionality is critical in discrimination assessments. It demands a rational correlation between the desired objective and the means employed to achieve it. Essentially, the actions taken must be proportionate an\A;:l��� o:-> WJ IAN ,q""o 23 Communication 294/04 - ZLHR & IHRDA v. Zimbabwe (2006) ACHPR, para 91 24 Communication 313/05- Kenneth Good v. Republic of Botswana (2010) ACHPR para 219 23 African 3 o"' c,lltl A /,/14 , ·,"':q l 0 u <,;; "> '°r 0.,, < t District, e Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-u nion.org https:/achpr.au.int/0 0 a