Constitutional Position and Role of the Judge in a Civil Society.”
Commonwealth Jud. J, December 2000 at 9.
‘The essence of human rights lies in the existence within the fabric
of the law of a code of unalterable rules affecting the rights of the
individual. Human rights have a universal dimension, they are
perceived as inherent in man constituting the inborn attributes of
human existence to be enjoyed at all times in all circumstances
and at every place.’



The substratum of all human rights is the right of dignity. It is the
source from which all other human rights are derived. Dignity unites
the other human rights into a whole.


It is universally recognized that human dignity is firstly the dignity of
each human being as a human being. In this encapsulates the
viewpoint that human dignity includes the equality of human beings.
Discrimination infringes on a person’s dignity. Human dignity is a
person’s freedom of will. This is the freedom of choice given to people
to develop their personalities and determine their own fate. Human
dignity is infringed if a person’s life or physical and mental welfare is
harmed. It is infringed when a person lives or is subjected to
humiliating conditions which negate his humanity. It envisages a
society predicated on the desire to protect the human dignity of each
of its members.


Even though this matter is not steeped in constitutional damages, it is
important that we observe that human dignity is itself a right
protected under the Constitution Act 2005, via section 18 as read with
section 14 (1) (e) thereof.”

Yes, indeed the right of human dignity is guaranteed by the Constitution
Act, via sections 14 (1) (e) and 18 thereof, in the following words:-

“14 (1)

The fundamental human rights and freedoms of the
individual enshrined in this chapter are hereby declared
and guaranteed namely------------


Protection from inhuman and degrading treatment, slavery
and forced labour, arbitrary search and entry; -----

18 (1)

The dignity of every person is inviolable.


Select target paragraph3