Communication 341/07 - Equality Now v Ethiopia
119.
Thus in addition to guaranteeing the dignity of a human being, Article 5 of the
Charter also enunciates the clear principle that all forms of degradation and
exploitation of human beings shall be prohibited. It further provides for a sample of
acts and omissions which in and of themselves amount to exploitation and
degradation of a human being. These listed acts outright constitute violations of the
dignity of a human being and are prohibited without reserve. Specifically: slavery,
slave trade, torture, cruel, inhuman or degrading punishment and treatment are
absolutely prohibited. Beyond the listed acts, there is a spectrum of acts or
omissions that would constitute exploitation and debasement of a human being
depending on the circumstances. In this regard the list of prohibited acts and
omissions that amount to exploitation and degradation of a human being is not
closed under Article 5 of the Charter.
120.
In the Commission's view, by rape, the victim is treated as a mere object of sexual
gratification against his or her will and conscience. The victim is treated without
regard for the personal autonomy and control over what happens to his or her
body. By rape, the personal volition of the victim is gravely subverted and
disregarded, and the victim is reduced from being a human being who has innate
worth, value, significance and personal volition, to a mere object by which the
perpetrator can meet his or her sadistic sexual urges. Inevitably, rape may, and
often does, inflict physical pain and invokes in the victim a sense of helplessness,
worthlessness, and gross debasement, which cause unimaginable mental anguish
beyond the physical suffering. Clearly, rape degrades and humiliates the victim.
Thus, even though not expressly listed under Article 5 of the Charter, rape is one of
the most repugnant affronts to human dignity and the range of dignity-related
rights, such as security of the person and integrity of the person, respectively
guaranteed under Articles 6 and 4 of the Charter.
121.
Consequently, the rape of Ms. Negash constituted a serious violation of her dignity,
integrity, and personal security as guaranteed under Article 5, 4 and 6 of the
Charter, respectively. Further, mutatis mutandis, by keeping Ms Negash captive
against her will, by compelling her to sign a purported marriage certificate under
pain of physical assault and threats, her autonomy, control and volition over her
body and life were seriously infringed, and thus her dignity was also violated. This
too does not per se render the Respondent State internationally responsible as these
acts were perpetrated by private individuals.
122.
However, it is to be recalled that a State incurs international responsibility for
violation of rights and freedoms when it breaches its international law obligations
with respect to the rights and freedoms in question. A state breaches its obligations
when its conduct does not meet the demands of international law obligations it has
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