173. Further to this, the Commission also draws inspiration from the ECtHR which held in Ireland v UK that: " ... ill-treatment must attain a minimum level of severity if it is to fall within the scope of Article 3 (art. 3). The assessment of this minimum is, in the nature of things, relative; it depends on all the ACHPR 56 circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age and state of health of the victim, etc"57 174. The Commission does not believe the Complainants presented facts or evidence that demonstrate that the First Complainant experienced personal suffering or humiliation that reached the minimum level,of intensity or severity discussed above. 175. The Commission is of the'opinion that the Complainant's averments do not satisfy the burden of proof for ,contravention of Article 5 in its entirety. The Commission has held in Civil Liberties Organisation, Legal Defence Centre and Legal Defence and Assistance Project v. Nigeria that Complainants before it bear the initial onus of laying a factual foundation in support of their allegations especia~ly, allegations under Artide,5, which it has found must be substantiated by the persons making them. 58 176. The Commission views that Article 5 has not been violated. Alleged violations of article 17 of the African Charter and Article 17 of the Maputo Protocol 177. The Complainants submit tf:tat Ms. Senate Masupha desires to practice her customary culture and to ·s~rve her community as the rightful heir to her father's chieftainship. They submit that the right to cultural life, and the State's obligation to ensure that participation in cultural life is not discriminatory, is guaranteed under the African Charter and the Maputo Protocol. 178. The Complainants indicated that in the present case, Ms. Senate Masupha desires to practice her customary culture and to serve her community as the rightful heir to her father's chieftainship. They further argue that she embodies what, the Maputo Protocol, in its preamble, recognizes as "the crucial role of women in the preservation of African values based on the principles of equality, peace, freedom, dignity, justice, solidarity and democracy". 179. Article 17(2) of the Charter protects the right of every individual, without discrimination, to participate in cultural life. It states that: