*** 232. Article 5 of the Charter provides that “[e]very individual shall have the right to respect of the dignity inherent in a human being…” 233. The Court recalls its jurisprudence in Makungu Misalaba v. United Republic of Tanzania, that:66 …the concept of human dignity holds a profound significance in the realm of individual rights. It serves as an essential foundation upon which the edifice of human rights is constructed. The right to dignity captures the very essence of the inherent worth and value that resides within every individual, irrespective of their circumstances, background, or choices. At its core, it embodies and upholds the principle of respect for the intrinsic humanity of each person and forms the bedrock of what it means to be truly human. It is in this sense that Article 5 absolutely prohibits all forms of treatment that undermines the inherent dignity of an individual. 234. The Court has also previously held in its jurisprudence related to human dignity, that indignity can take various forms and assessment will depend on the circumstances of each case.67 235. The Court recalls the Commission’s decision in The Nubian Community in Kenya v. The Republic of Kenya that, the respect of the dignity inherent in the human person informs the content of all the personal rights protected in the Charter.68 236. The Court notes that the Commission further considered the notion of human dignity in Purohit v. The Gambia, where it took the view that human dignity is an inherent basic right to which all human beings, regardless of 66 Misalaba v. Tanzania, supra, § 165. Lucien Ikili Rashidi v. United Republic of Tanzania (merits and reparations) (28 March 2019) 3 AfCLR 13, § 88. 68 ACHPR, Communication 317 / 2006 - The Nubian Community in Kenya v. The Republic of Kenya, § 137. 67 54

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