prOVISIons of the Maputo Protocol, it notes that discrimination against women is
explicitly defined to mean "any distinction, exclusion, or restriction based on sex that
compromises or undermines their enjoyment of human rights." Also, not far away from
this provision, in the Convention on the Elimination of All Forms of Discrimination
Against Women (CEDAW) in Article 1, the Commission finds that discrimination
against women is defined to mean any differentiation based on sex that impairs women's
enjoyment of their human rights and fundamental freedoms.
139. Along with these definitions, the Commission rei
Mauritanienne des Droits de l'Homme vs
in the context of
direct and indirect
different treatment
Article 2 of the African Charter
discrimination. Direct discrimination against
explicitly based on the grounds of se~:*:\~d
discrimination against women occurs,:''YneIl,
'a law,
. or practice
-1,
appears to be neutral as it relates to women and rnen bu . .:
. .'
effect in
practice on women." The Commission re-states iliat irrespective of its mahifestation,
whether direct or indirect,
'
.is prohibited with ill
tates assuming their
obligation under the African
in <other human
ights instruments,
internationally and regionally.
'-r
-
ancL
'~g )
140.
:\r~h;}i:
.•
betwe'en, men and women in marnage,
. tne importance of upholding the
equality of all individuals, as
Article'
the African Charter and the Maputo
Protocol. Similar to the obligation~9f the States in,.ArHcle 1 of the African Charter, the
Commission notes
from the CEDA W Committee
General Recommendation No. 2876 that
.
'+"
Statef~Parties mus,trespect, protect, andful I women's rights to non-discrimination and
the e '"
ent of equ~4ty.
" .( :':1'
141. In ap ,:
;~m~,~:dramewofk"~R,,;;4e~jpvith non-discrimination
against women, the
Commissiqn sti~§~~'sj~s positi'oi:iflrt>Shtnira Ibrahim Mahmoud and Rasha Ali Abdel-Rahman.
-'.
·0;+··.·
(RepresenteQ4by t
'. JiJian)nitiative for Personal Rights (EIPR) & lnterights) vs. The Arab
Republic olE
. the following palpable obligations that States must observe,
specifically at"least; - First, to ~nact laws prohibiting all forms of discrimination against
women and eIls~;e that existing legislation is amended as necessary, and monitored
through adequate~;€~ctioning of legal processes; Secondly, enforce existing legislation,
including through' effective investigation, prosecution of perpetrators, reparation and
support/rehabilitation
services for victims; and Thirdl)'J to take specific measures to
r
/"'
,/"
\t.~t":'·Nu
_
See CEDAW Committee, General Recommendation 28, Para 16.
/ . ~(,\ C" r . r
C;>
~
<' "
76UN Committee on the Elimination of Discrimination Against Women (CEDAW), General Recommendatio
o. «.j,
28 on the Core Obligations of States Parties under Article 2 of the Convention on the Elimination {,f 4U Forms fg %,\
DiscrirninationagainstWomen,CEDAW/CjGC/28
:
4
I:'! =.
75
,(>~~"
f
•
.,'1!.?\
,,_
<
,c
•
F\\J·I.\p..
.f
-
~
. ,,._$.1 4.~ ,
"0~
I,'-lU,>
<',)"~/.
4.-R1Cp..,~V
S'C
,-"-.Ot·rlcE E1 0<2· •
....... ~~.~
..'