The Court's Assessment 136. Article 2 of the Charter provides that: "Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, birth or any status." 137. Article 2 of the Charter is impe rativ e for the respect and enjoyment of all other rights and freedoms protected in the Charter. The provision strictly proscribes any distinction , exclusion or preference made on the basis of race, colour, sex, religion, political opinion , national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment. 1 3 8 . The right not to be discriminated against is related to the right to equality before the law and equal protection of the law as guaranteed by Article 3 of the Charter.31 The scope of the right to non -d iscrimination extends beyond the right to equal treatment by the law and also has practical dimension in that individuals should in fact be able to enjoy th e rights enshrined in the Charter without distinction of any kind relating to their race, colour, sex, religion, political opinion , national extraction or social origin , or any other status. The exp ression 'any other status ' under Article 2 encompasses those cases of discrimination, which could not have been foreseen during the adoption of the Charter. In determining whether a ground falls under this category, the Court shall tak e into account the general spirit of the Charter. 139 . In terms of Article 2 of the Charter, while distinctions or differential treatment on grounds specified therein are generally proscribed , it should be pointed out that not all forms of distinction can be considered as discrimination . A distinction or differential treatment becomes discrimination, and hence , co ntrary to Article 2, when it does not have 31 Christopher Mtikila Case paragraphs 105.1 and 105.2. 1