Communication 341/07 - Equality Now v Ethiopia
legitimately limited through the formal processes of law: arrest and detention
according to law. Conditioned by such formal processes of law, the right to liberty
becomes a substantive guarantee that arrest and detention shall not be arbitrary or
unlawful.8
116.
Outside of the formal processes of law, the arrest and detention of a person by State
or non-state actors alike becomes, kidnapping or abduction which is outright
arbitrary, unlawful and amount to violation of the liberty of the individual.
Ordinarily kidnapping or abduction must be proscribed in domestic law as part of
giving effect to the right to liberty. Thus, except as may be prescribed by law, the
right to personal liberty means that no one should be restricted at all by the State or
non-state actors, which includes private individuals. In this regard, the right to
liberty is inextricably linked to the right to security of the person. The latter
augments the right to liberty by guaranteeing that outside of the law, no one's
person or body should be invaded or exposed to risk of invasion by State or nonstate actors.
117.
When Ms Negash was abducted and kept captive on both occasions, her liberty was
manifestly violated, and her person grossly invaded. Accordingly, the abduction of
Ms. Woineshet Zebene Negash by the private individuals was a clear infringement
of both the liberty and the security of her person guaranteed under Article 6 of the
Charter. However, this does not per se entail the international responsibility of the
Respondent State, which is considered below.
118.
Secondly, Article 5 of the Charter guarantees that every individual shall have the
right to respect of the dignity inherent in a human being. Human dignity is the
fountain of all other rights. At the core of human dignity is the idea and recognition
that a human being has unique worth, value and significance that is innate, and not
acquired. It also entails that a human being is a moral agent possessed with the
conscience and personal volition to decide what happens to his or her body. The
right to respect of dignity is a guarantee that a human being should not be
subjected to acts or omissions that degrade or humiliate him or her. The worth,
value and significance of a human being may not and need not be conceptualised
with scientific precision. As such, the point at which the intensity of a given act or
omission amounts to degradation of a human being cannot and need not be
delineated and fixed with mathematical precision. The preoccupation of human
rights law which recognises human dignity is the pragmatic protection of rights as
opposed to vexing over theoretical conceptions of dignity.
The Charter. Art. 6