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 HP R 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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents