***
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