143.
Firstly, when looking at the verbal assaults used against the Victims, such
as „slut‟ and „whore,‟ it is the opinion of the African Commission that
these words are not usually used against persons of the male gender, and
are generally meant to degrade and rip off the integrity of women who
refuse to abide by traditional religious, and even social norms.
144.
Secondly, the physical assaults described above are gender-specific in the
AC
HP
R
sense that the Victims were subjected to acts of sexual harassment and
physical violence that can only be directed to women. For instance, breasts
fondling and touching or attempting to touch „private and sensitive parts‟.
There is no doubt that the Victims were targeted in this manner due to
their gender.
145.
Thirdly, the alleged threats against some of the Victims who were accused
of practicing prostitution when they refused to withdraw their
Complaints can also be classified as being gender-specific.
146.
The standard for determining whether discrimination has taken place was
canvassed by the Inter -American Court when it made its Advisory
Opinion on the proposed Amendments to the Naturalization Provisions
of the Constitution of Costa Rica. The Court stated that “…no
discrimination exists if the difference in treatment has a legitimate
purpose and if it does not lead to situations which are contrary to justice,
to reason or to the nature of things….”39 This was also reflected by the
UN Human Rights Committee when it held that “Not every
differentiation of treatment will constitute discrimination, if the criteria for
39
Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica,
Advisory Opinion Oc-4/84, January 19, 1984, Inter-Am. Ct. H.R. (Ser. A) No. 4 (1984) para
57.
41
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