Right to Human Dignity

Introduction:

This note will discuss constitutional provisions on human dignity. In doing so, our focus will be on Article 15 of the 1992 Constitution .

Meaning of the Right to Human Dignity:

The right to human dignity is provided in Article 15 of the 1992 Constitution . Under this provision, no definition is provided for human dignity. In the case of Asare v. Attorney General (J1 6 of 2011) [2012] GHASC 31 (May 22, 2012) (Dual Citizenship Case) , the Supreme Court noted that human dignity is a subjective notion and the court is not prepared to give a definitive interpretation to Article 15.

However, in the earlier case of Ahumah-Ocansey v Electoral Commission [2010] SCGLR 575 , the Supreme Court, speaking on Article 15, advanced that:

The notion of the protection of the dignity of all persons is one that the Ghana Constitution has adopted from the international human rights movement. In the international context, it has had a certain connotation of grave violation of the core essential rights of human beings. The African Charter on Human and Peoples’ Rights, which Ghana has ratified, deals with the matter in its Article 5 as follows:

“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.”

The African Charter’s illustrative, but non-exhaustive, list of exploitative practices that infringe the right to dignity provides guidance on what this court might consider to be an infringement of the right in the Ghanaian context. Its examples are all at the severe end of the continuum of degrading treatment. The African Commission on Human and Peoples’ Rights has often based its findings of breach of Article 5 on torture and cruel practices relating to imprisonment.

Also, the side note of Article 15 reveals that cruel treatment and torture are acts that violate human dignity.

Per the Course Manual on Criminal Procedure, Article 15 :

frowns on all forms of torture, cruel, inhuman and degrading treatment or punishment.

Protection of the Right to Human Dignity under the 1992 Constitution:

In Article 15, it is provided that:

1. The dignity of all persons shall be inviolable.

2. No person shall, whether or not he is arrested, restricted or detained, be subjected to

a. torture or other cruel, inhuman or degrading treatment or punishment;

b. any other condition that detracts or is likely to detract from his dignity and worth as a human being.

3. A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.

4. A juvenile offender who is kept in lawful custody or detention shall be kept separately from an adult offender.

The above provisions are self-explanatory and would not further elaborated. It is, however, essential to note that what amounts to cruel, inhuman or degrading treatment was discussed in the case of Johnson v. Republic 2011 GHASC 12 (16 March 2011) . In that case, the court said:

I do not intend to go into the polemics of what is torture, cruel and inhuman treatment of punishment because I believe judicial notice can be taken of the following conduct as constituting part thereof of inhuman, cruel and degrading punishment. For example,

i. corporal punishment, to wit incessant flogging on bare buttocks

ii. beheading,

iii. cutting of limbs and legs e.g. amputation

iv. Burning on the stake

v. Crucifixion

vi. Firing squad – which kills slowly by shooting from the limbs.

In my estimation all the above are punishment that can be described as torture, inhuman or degrading. Luckily, we do not have any of the above in Ghana.

Conclusion:

In Article 15 of the 1992 Constitution, the human dignity of all persons is guaranteed. The article provides that no person, whether arrested, detained, or free, shall be subjected to torture, cruel treatment, or any other condition that detracts from his dignity or worth as a human being. Pursuant to this, further provisions are made to treat persons who have not been convicted of a criminal offence separately from persons who have been so convicted and for the separation of juveniles from adult offenders.