advantageous procedures put in place by the Respondent State since the
establishment of legal nationality. In this regard, successive reforms
undertaken by the Respondent State are significant but inadequate.
Consequently, the laws and practices of the Respondent State violate the
provisions of Article 5 of the Charter with regard to all victims.
Right to the Respect of Dignity
139. Under the Preamble of the African Charter quoting the Charter of the
Organization of African Unity, dignity is one of the « essential objectives for
the achievement of the legitimate aspirations of the African peoples ». Dignity
is, therefore, the soul of the African human rights system and which it shares
with both the other systems and all civilized human societies. Dignity is
consubstantial, intrinsic and inherent to the human person. In other words,
when the individual loses his dignity, it is his human nature itself which is
called into question, to the extent that it is likely to interrogate the validity of
continuing to belong to human society. Thus, a rape victim can decide to go
as far as taking her life so that she does not have to confront her
dehumanization and the accusing and degrading look of society. When
dignity is lost, everything is lost. In short, when dignity is violated, it is not
worth the while to guarantee most of the other rights.
140. The Commission considers that some of the rights protected by the
Charter have a supreme and dependent relationship with the right to dignity.
The same can be said of the right to legal status protected by Article 5 of the
Charter. Various legal authorities agree that dignity and legal status are
fundamentally interdependent. Thus, in Kuric and one Other v. Slovenia, for
example, the European Human Rights Court establishes this connection as
follows: « … the right to legal status is a normal, natural and logical
consequence of the human personality and the dignity inherent to the former;
it is a natural and inherent component of every human being and his human
personality ».35 In Yean and Bosico v. The Dominican Republic, the InterAmerican Court decided that « The failure to recognize legal status is a
violation of human dignity because it absolutely denies the condition of an
individual to be a subject of law and makes him vulnerable to the
infringement of his rights by the State and other individuals ».36
141. By agreeing with these conceptions of the crucial importance of the
recognition of legal status to the enjoyment of the right to dignity, the
Kuric and Other v. Slovenia European Human Rights Court, Petition 26828/06, Order of 26 June 2012,
Partly concurring opinion of Judge Vucinic.
36 Yean and Bosico v. The Dominican Republic Inter-American Human Rights Court, Order of 8
September 2005, para. 178.
35
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