Human Rights our Collective Responsibility Alleged violation of Article 2 and Article 18(3) of the African Charter 197. The Commission will consider Articles 2 and 18(3) together, given that both provisions are closely linked in the context of this Communication. 198. The Complainants submitted that the Respondent State is responsible for discriminatory treatment of civilians in South Kordofan, Blue Nile as well as other areas in Sudan on the basis of sex, colour, race and ethnicity, and political opinion and that the Respondent State's forces and authorities have specifically targeted women and girls and have committed widespread acts of sexual violence in violation of Articles 2 and 18(3)of the African Charter. 199. Article 2 of the African Charter provides that: Every individual shall be entitled to th"{ enjoynie~t 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, religipn, political or any other opinion, national or social origin, fortune, birth or other status. 200. Article 18(3) of the African Charter provides that: The state shall ensure the elimination of every discrimination against women and also ensure the protection 'of the rights of the woman and the child as stipulated in international declarations and conventions. 201. The principle. of non-discrimination as recognized in both Articles is a fundamental principle in international human rights law. The principle guarantees that those in the same-circumstances are dealt with equally in law and practice. Under Article 2, the principle of non-discrimination entails that an individual or group of persons be accorded equal treatment, irrespective of their particular characteristics and ensures, in relation to Article 18(3), that women in particular are protected by State Parties from discrimination. 202. The Commission, in Communication 313/05 - Kenneth Good v. Republic of Botswana, held that the test to establish whether discrimination has occurred is threefold: (a) whether equal cases are treated in a different manner; (b) whether a difference in treatment does not have an objective and reasonable justification; and c) whether there is no proportionality between the aim sought and the means employed. 203. An Olgari of the Afriqan ((1;)} Union \O",5"~