162. The Commission finds that the Respondent State has violated Article 3 of the Charter and Article 8 of the Maputo Protocol. Alleged violations of articles 5 of the African Charter and article 3 of the Maputo Protocol 163. The Complainants submit that to deny first-born daughters the ability to succeed as chiefs. on basis that they marry into their husband's families and, that, upon marriage, cease to be members of their families, inevitably harms their self-worth and dignity. They allege that it does not treat first-born daughters as worthy of respect and concern.They submit that it is therefore a violation their right to dignity under the Article 5 of Jhe African Charter and Article 3 of the Maputo Protocol. 164. Article 5 of the Charter provides that: "every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited." ', 165. Article 3 of the Maputo Protocol, which provides: "1) Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights. 2) Every woman shall have the right to respect as a person and to the free .development of her personality . .3) States Parties shall adopt and implement appropriate measures to prohibit ·. any exploitation or degradation of women. 4) States Parties shall adopt and implement appropriate measures to ensure the protection of every woman's right to respect for her dignity and protection of women from all forms of violence, particularly sexual and verbal violence." 166. In Purohit and Moore v the Gambia, the Commission stated that dignity is the most basic of rights to which all should be entitled without discrimination because all persons have "hopes, dreams and goals and the right to pursue them". The Commission further affirmed that "all human beings are born free and equal in dignity and rights".

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