A/HRC/22/71
“dignity”, the concept is connected with equality and the idea that human dignity, which
belongs to everyone equally, is the source of all rights. 9
16.
Dignity is not just a ground of rights, but also an aspect of the content of certain
rights. Dignity appears in specific articles of the Universal Declaration of Human Rights,
such as articles 22 and 23, where it is connected with economic rights, including the right to
social security and just remuneration. It is associated with conditions of detention in article
10 of the International Covenant on Civil and Political Rights, which provides that “all
persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person.”10 In the Convention on the Rights of Persons with
Disabilities, dignity is linked to autonomy. 11 United Nations treaty bodies regularly refer to
dignity in connection with the prohibition of torture and other cruel, inhuman or degrading
treatment or punishment, 12 discrimination, 13 conditions of detention 14 and the right to an
adequate standard of living.15
17.
Dignity also appears in many regional instruments. For instance, the Charter of the
Organization of African Unity (now the African Union) states that “freedom, equality,
justice and dignity are essential objectives for the achievement of the legitimate aspirations
of the African peoples.” Article 5 of the African Charter on Human and Peoples’ Rights
connects respect for dignity with the prohibitions of slavery, torture and cruel, inhuman or
degrading treatment or punishment. A similar link is established in articles 5 (torture) and 7
(forced labour) of the American Convention on Human Rights. According to the InterAmerican Court of Human Rights, the concept of equality is “inseparable from the essential
dignity of the person”.16
18.
Dignity is a fundamental principle in national constitutions and jurisprudence in
diverse regions, including Canada, India, Poland, South Africa and Uganda. Courts in
Canada and South Africa in particular link dignity with the idea of equality.17 For example,
9
10
11
12
13
14
15
16
17
6
Jeremy Waldron, “Dignity, Rank, and Rights: The 2009 Tanner Lectures at UC Berkeley”, 2009,
pp. 5-6.
For other references to dignity, see the International Covenant on Economic, Social and Cultural
Rights, art. 13(1) (education), and the preambles to the Convention on the Elimination of
Discrimination against Women, the Convention on the Rights of the Child, the Convention against
Torture, the Convention on the Elimination of Racial Discrimination and the Convention on the
Rights of Persons with Disabilities.
See Convention on the Rights of Persons with Disabilities, arts. 3, 16, 24 and 25. See also Christopher
McCrudden, “Human Dignity and Judicial Interpretation of Human Rights”, European Journal of
International Law, vol. 19, no. 4, 2008, pp. 655, 691 and 706.
On the prohibition of torture and cruel, inhuman or degrading treatment, see CAT/C/LIE/CO/3,
CAT/C/CHE/CO/6, CRC/C/SLE/CO/2, CRC/C/JOR/CO/3, CCPR/CO/80/UGA and
CCPR/CO/71/UZB. On corporal punishment, see CRC/C/15/Add.168, CRC/C/15/Add.259,
CRC/C/15/Add.135, CRC/C/ETH/CO/3, CRC/C/15/Add.121, CRC/C/15/Add.139 and
CRC/C/THA/CO/2.
See CRPD/C/TUN/CO/1, CCPR/C/JPN/CO/5, CCPR/CO/83/UZB, CCPR/CO/82/MAR,
CCPR/C/PRY/CO/2, CCPR/C/KWT/CO/2, CEDAW/C/IND/CO/3, CEDAW/C/AZE/CO/3,
CAT/C/AUT/CO/4-5, CERD/C/BOL/CO/17-20 and CRC/C/CMR/CO/2.
See CCPR/CO/82/ALB, CCPR/C/UKR/CO/6, CCPR/C/JAM/CO/3, CRC/C/CHN/CO/2,
CRC/C/DJI/CO/2, CAT/C/GUY/CO/1 and CAT/C/RUS/CO/4.
See E/C.12/COD/CO/4 and E/C.12/1/Add.60. See also E/C.12/1999/5, para. 4, in which the
Committee on Economic, Social and Cultural Rights notes that the right to adequate food is
“indivisibly linked to the inherent dignity of the human person”.
Inter-American Court of Human Rights, Atala v. Chile, para. 79.
See Egan v. Canada, 1995 (Supreme Court of Canada); Vriend v. Alberta, 1998 (Supreme Court of
Canada); Nat’l Coal. For Gay & Lesbian Equal. v. Minister of Justice, 1998 (Constitutional Court of
South Africa); and Minister of Home Affairs v. Fourie, 2006 (Constitutional Court of South Africa).
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