all individuals to have equal protection of the law, the dignity of every
individual, whether male or female should be fair, equally safeguarded by
the law and this should also be the case when applying or enforcing the
law.
178.
Although the Respondent State submitted, that the security agencies have
“taken all necessary security measures…. providing the Victims with the
AC
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necessary level of protection,” the Respondent State does not mention
whether the „necessary level of protection‟ was effective or satisfactory to
the Victims, or whether the level of protection was the same that was
accorded to the men in the scene. It is not sufficient to say that necessary
measures were taken when the results of those measures are not palpable.
179.
It is the African Commission‟s view that no logical explanation can be
derived from the fact that the Victims were subjected to all the assaultsphysical and emotional, they claim, if the State indeed protected them
from the assaults. It is also the African Commission‟s view that inequality
based on the ground of sex is an analogous ground for discrimination.
Irrefutably therefore, this Commission underscores that freedom from
discrimination is also an aspect of the principles of equality before the
law and equal protection of the law under Article 3 of the African Charter
because both present a legal and material status of equality and non
discrimination.
180.
Based on the above, the African Commission concludes that there has
been a violation of Article 3 by the Respondent State.
51
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