22 gender identity or expression. Based on these considerations the Commission understands that the prohibition of discrimination on grounds of sexual orientation implies that the protection offered with this prohibition seeks to impede any discriminatory difference in treatment based on this aspect, understanding that its scope is independent of whether a person’s sexual orientation corresponds to how the person self-identifies, that is, his or her actual sexual orientation, or whether it has to do only with the perception of his or her sexual orientation (perceived sexual orientation). 84. In any event, the IACHR understands that this case does not address the sexual orientation of the alleged victim, but rather the application of a military disciplinary provision that punished sexual acts between persons of the same sex. 2. The right to equality before the law and non-discrimination (Articles 24, 1(1) and 2 of the American Convention) a. Preliminary considerations on these provisions of the Convention 85. Article 24 of the American Convention establishes: “All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.” 86. Article 1(1) of the American Convention establishes: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 87. Article 2 of the American Convention establishes that: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms. 88. The case-law of the Inter-American Court and the decisions of the Commission have indicated time and again that the right to equality and non-discrimination “is the central, basic axis of the inter-American human rights system,”82 and that it entails “obligations erga omnes of protection that bind all States….”83 Similarly, the Court has indicated that any discriminatory treatment outside of the general obligation to respect and ensure human rights gives rise to the international responsibility of 82 IACHR, Application to the Inter-American Court of Human Rights, Karen Atala and daughters, September 17, 2000, para. 74; I/A Court H.R. Legal Status and Rights of Undocumented Migrants. Advisory Opinion OC-18/03, September 17, 2003. Series A No. 18, para. 173.5. 83 IACHR, Access to Justice for Women Victims of Violence in the Americas, OEA/Ser. L/V/II. doc. 68, January 20, 2007; I/A Court H.R. Legal Status and Rights of Undocumented Migrants. Advisory Opinion OC-18/03, September 17, 2003. Series A No. 18, para. 173.5; IACHR, Application to the Inter-American Court of Human Rights, Karen Atala and daughters, September 17, 2010, para. 74.