v Republic of Botswana, the Commission described the principle of nondiscrimination as: ,
"a fundamental principle in international human rights law, All international
and regional human rights instruments and almost all countries' constitutions
contain provisions prohibiting discrimination" .41
139.
The rights to equality and freedom from discrimination are integral to
the enjoyment and exercise of other rights guaranteed under the African
Charter. In Legal Resources Foundation v Zambia, the Commission noted that
"equality or the lack of it affects the capacity of one to enjoy many other rights".
140.
The Commission observes that the rights protected in Articles 2 and
18(3) of the Charter as well as Article 2 of the Maputo Protocot impose a
scheme of obligations. States party to the Ch~rter and Maputo Protocol are
mandated to combat all forms of discrimination against women through
appropriate legislative, institutional and other measures, 42 to enact and
effectively imple~ent appropriate legislative or regulatory measures,
including those prohibiting and curbing all forms of discrimination and take
corrective and positive action in those areas where discrimination against
women in law and in fact continues to exist. 43
141.
The Commission has defined discrimination in Zimbabwe Lawyers for
Human Rights & Institute for Human Rights and Development in Africa (on
behalf of Andrew' Barclay Meldrum) v Zimbabwe as:
Any act which aims at distinction, exclusion, restriction or preference which is
based on any ground such as race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth or other status, and
which has the purpose or effect of nullifying or impairing the recognition,
enjoyment of exercise by all persons, on equal footing, of all rights and
freedoms. 44
142.
Discrimination against women has been defined in Article l(f) of the
Maputo Protocol as:
"Any distinction, exclusion or restriction or any differential treatment based on
sex and whose objectives or effects compromise or destroy the recognition,
enjoyment or the exercise by women, regardless of their marital status, of
human rights and fundamental freedoms in all spheres of life."