Article 5
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.
This Article (which is closely linked with Art 4) is one upon which the other rights are stationed. In 241/01: Purohit and Moore/Gambia (The) para 57, the Commission described it thus:
“Human dignity is an inherent basic right to which all human beings, regardless of their mental capabilities or disabilities as the case may be, are entitled to without discrimination. It is, therefore, an inherent right which every human being is obliged to respect by all means possible and on the other hand it confers a duty on every human being to respect this right.”
Article 5 covers many areas such as the right to work, which has been described, in The Commission’s Principles And Guidelines On The Implementation Of Economic, Social And Cultural Rights In The African Charter On Human And Peoples’ Rights (p 21), as “…an inseparable and inherent part of human dignity, and is integral to an individual’s role within society,”
One of the most important applications of article 5, however, is its protection against torture. Torture as a form of punishment can take myriad forms, and the Commission has laid down several elements that constitute torture in Human Rights Organization and Center for Housing Rights and Evictions v Sudan, para 255 & 156.
For instance, the Commission, in Communication 319/06 – Interights & Ditshwanelo v. The Republic of Botswana, (para 96), has found that failure by a State to inform the loved ones or the attorney of a condemned prisoner about the date, time and place of execution amounts to a serious violation of Article 5. Accordingly, even holding a prisoner incommunicado violates Article 5, Communication 379/09 – Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v Sudan, para 102.
