race, ethnic group, colour, sex, language, religion, political or any other
opinion, national or social origin, fortune, birth or other status.”
118.
Article 18(3) of the African Charter provides that “The State shall ensure
the elimination of every discrimination against women and also ensure
the protection of the rights of the woman and the child as stipulated in
119.
AC
HP
R
international declarations and conventions.”
The non-discrimination principle generally ensures equal treatment of an
individual or group of persons irrespective of their particular
characteristics, and the non-discrimination principle within the context of
Article 2 and 18(3) of the African Charter ensures the protection from
discrimination against women by States Parties to the African Charter.
120.
Before the African Commission proceeds to determine whether Articles 2
and 18(3) of the African Charter have been violated in this
Communication, it finds it imperative to define discrimination and its
relationship
with
gender-based
violence
as
alleged
in
this
Communication.
121.
The Women‟s Protocol defines discrimination against women as “Any
distinction, exclusion or restriction or any differential treatment based on
sex and whose objectives or effects compromise or destroy the
recognition, enjoyment or the exercise by women […] of human rights and
fundamental freedoms in all spheres of life.”26 The same Protocol defines
violence against women as ”All acts perpetrated against women which
cause or could cause them physical, sexual, psychological, and economic
26
n 21 above Article 1 (f) .
34
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