Human Dignity, contained in section 10, outlines that “everyone has inherent dignity and the right to have their dignity respected and protected”. This right is regarded as an all-encompassing one as it subsists in various other rights as well.
Access to housing, healthcare, food and water are just a few rights in which the right to human dignity has application.
The right to human dignity extends to punishment, defamation and marriage as well as family life.
Due to the broad application of the right, overlapping occurs frequently such as in the situation where a police officer assaulted a citizen. This was not only an infringement of dignity, equality and freedom but also an unjust action by the police force.
This action illustrates the clear lack of protection from the State, and demonstrates how the state failed to fulfill their role, allocated by the Constitution, as protectors and guarantors to ensure these rights are available to all.
This action of assault extends to torture and cruel punishment, however this is a mere example of an infringement of this right; the right to dignity encompasses more than just that.
In “National Coalition for Gay and Lesbian Equality versus Minister of Justice” it was held that the “constitutional protection of human dignity requires us to acknowledge the value and worth of all individuals as members of our society”.
The effect felt by the infringement of one’s right to human dignity is of such grave concern that the complainant my institute civil action against the person who has caused the infringement in order to recover damages or in light of restorative justice, receive an apology.
Compiled by Tracey-Lee Lindsay – Candidate Attorney Malherbe Rigg and Ranwell Incorporated.
Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za.
