PART TWO: IMPLEMENTATION OF THE PROVISIONS OF THE CHARTER IN CHAD FROM 1998 TO 2015. Chapter 1: Civil and political rights A. The Principle of Non-Discrimination 66. In the area of human rights promotion and protection, discrimination is “an unequal treatment based on a criterion prohibited by law, such as origin, gender, disability, etc., and which occurs in an area governed by law, such as employment, housing, education etc. It may be direct, if the inequality is based on a prohibited criterion, or indirect, when a rule, practice or criterion that appears to be neutral has an adverse effect on a group that belongs to a discrimination category. It may also take the form of harassment.” 67. Article 13 of the African Charter on Human and Peoples’ Rights stipulates that: « 1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of the country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.” 68. The national legal framework internalized these international provisions by enshrining equality between men and women in the Constitution (Articles 13, 14, 31 and 32 of the Constitution). The Criminal Code punishes those who discriminate against others. 69. Efforts to implement these principles have been considered by the Government, particularly with regard to access to public affairs and women's participation. 70. Today, women are more present in politics and economics, but they still have more difficulties than men in finding employment. Unemployment is particularly high among women. 71. Indeed, socio-cultural constraints compel the majority of citizens to espouse customary norms over statutory law. However, when applied to civil or even criminal cases, such norms tend to reduce the scope of the fundamental principle of equality. Indeed, customary law contributes to making distinctions between social groups on the basis of extrinsic factors (wealth, education, place of residence, etc.) or intrinsic factors (gender, ethnic origin, etc.), which unfortunately justifies the application of specific, generally negative, treatment. 72. Thus, in matters of inheritance and access to property, there is a general trend that women do not enjoy the same rights as men. Discrimination in this instance therefore implies a gap between a formal (constitutionalized) equality and actual inequality (due to customs). For example, a girl Page 22 sur 87