provisions which the Respondent has ratified and therefore constitute international
obligations.
Looking critically at the grounds, circumstances and the purported legislation upon
which Respondent allegedly acted, one would want to ascertain its consistency with
the international provisions guaranteeing those rights allegedly violated.
Article 5 of the African Charter on Human and Peoples Rights (ACHPR) provides
that every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. It prohibits all forms of
exploitation and degradation of man, particularly slavery, slave trade, torture, cruel,
inhuman or degrading punishment and treatment.
The Applicants contend that they have been turned to destitute and internally
displaced persons and subjected to terrible sleeping conditions and severe suffering
as a result of the arbitrary deprivation of their property and thus constitutes a
violation to the right of dignity inherent in the human person.
Human dignity is an inherent basic right to which all human beings, regardless of
their mental capabilities or disabilities are entitled to without discrimination. It is an
inherent right which every State is obligated to respect and protect by all means
possible.
In BOUYID V. BELGIUM [GC], no. 23380/09, ECHR 2015. On an allegation of
violation of right to dignity. The Grand Chamber concluded that “any conduct by
law-enforcement officers vis-à-vis an individual which diminishes human dignity
constitutes a violation of Article 3 of the Convention”.
In SELÇUK AND ASKER V TURKEY, (12/1997/796/998-999)JUDGMENT
STRASBOURG 24 April 1998, where the Complainants home was set on fire by the
defendant, the Court held that “Even in the most difficult circumstances, such as the
fight against organized terrorism and crime, the Convention prohibits in absolute
terms torture or inhuman or degrading treatment or punishment.” The Court
concluded that the treatment suffered by the applicants in this case was so severe as
to constitute a violation of Article 3, adding that‘...bearing in mind in particular the
manner in which the applicants’ homes were destroyed ... and their personal
circumstances, it is clear that they must have been caused suffering of sufficient
severity for the acts of the security forces to be categorized as inhuman treatment
within the meaning of Article 3”.
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