Commission considers that failure to grant nationality as a legal recognition is an injurious infringement of human dignity. Such an infringement seriously affects the legal security of the individual, particularly due to the undermining of a set of consubstantial rights and privileges to the enjoyment of fundamental legal and socio-economic privileges. Ultimately, it is the very existence of the victim which is vitally compromised. The jargon of clandestine immigration circles gives a good account of the disgrace associated with the violation of the dignity of clandestine immigrants when they are called « undocumented immigrants ». In the collective modern conscience, to be an « undocumented immigrant » is perceived as the most degrading form of legal, political and social identification. With regard to the intentional denial or otherwise of nationality, dignity is doubly violated because the person no longer fully fits into the fundamental characteristics associated with the status of a subject of law. Indeed, since he is not recognized as a national of any State, and is treated as such, the victim is also treated by the community as a kind of second rate member. In the African context, where social recognition and belonging to the community are vital, denial or doubt of nationality can constitute the highest form of violation of dignity. 142. In the case in point, suffice it to reiterate that both the law and practice of the Respondent State have ensured the denial of the right of victims to nationality. As a consequence of the foregoing, the violation of their right to dignity is constituted by the mere fact that they have been prevented from living in dignity in Côte d’Ivoire as members of the universal and Ivorian human society. The Commission concludes that the laws and deeds of the Respondent State violate the provisions of Article 5 of the Charter on the right to the dignity of the human person. Allegation of Violation of Articles 2 and 3 143. Under the provisions of Article 2 of the Charter, « Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind as race to, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status ».37 With regard to Article 3 of the Charter, it is stipulated that « 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. ». 37 Emphasis of the Commission. 44

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