Understanding Human Rights Law:

Fundamental Human Rights Concepts

Human Dignity

Presentation by:

Enoch Chilemba
LL D; LLM; LLB (Hons),
Senior Lecturer in Law,
Faculty of Law, University of Malawi;
Advocate of the High Court and Supreme Court of Malawi
echilemba@unima.ac.mw / echilemba137@gmail.com

Presented during:
Human Rights Law Lecture Series 5
Faculty of Law, UNIMA, Zomba
18 August, 2022
Chilemba E- Understanding Human Rights Law- Dignity
 The equal worth of a human being;
 Implies respect for the worth of a human being

 Respect for dignity implies respect that a

person is worth as a human being.

 At its most basic, human dignity is the belief

that all people hold a special value that's tied

solely to their humanity.
 ‘Human dignity is the recognition that

human beings possess a special value

intrinsic to their humanity and as such are
worthy of respect simply because they are
human beings’.
 Human rights reinforce concept of dignity…

Chilemba E- Understanding Human Rights Law- Dignity

 The essence of dignity is the recognition of the
equal worth and value of every person,
 Which entails the entitlement to equal and full

human rights enjoyment.

 According to J Habermas, 2010
 ‘Human rights developed in response to

violations of human dignity, and can therefore

be conceived as specifications of human
dignity, their source.’
 Megret highlights that,
 ‘The inherent dignity of all human beings is,

after all, the fundamental premise from which

rights traditionally flow’
Chilemba E- Understanding Human Rights Law- Dignity
 Equality & non-discrimination promote, protect
dignity…
 As every person is of equal worth…
 The person discriminated against is treated as

a lesser human being

 Discrimination is a violation of human dignity

(Convention on the Rights of Persons with

Disabilities (CRPD), preamble para (h))
 CRPD preamble expressly recognises that

‘discrimination against any person on the basis

of disability is a violation of the inherent
dignity and worth of the human person’.

Chilemba E- Understanding Human Rights Law- Dignity

 Non-discrimination implies the equal dignity of
all human beings
 Since discrimination ‘undermines people’s
human dignity in that it implies that the person
discriminated against is inferior or unworthy of
respect as a human being.’
 Non-discrimination directly protects human
dignity by protecting (the right to) equality.
 Discrimination frustrates full and/or equal rights
enjoyment
 Non-discrimination promotes full and/or equal
rights enjoyment
 Equal and full rights enjoyment results in respect
for dignity
Chilemba E- Understanding Human Rights Law- Dignity
 Human Dignity demands that a human being
must be respected and valued as a human being
 The principal implication for this is the
entitlement of every human being to full and
equal human rights enjoyment
 Dignity as respect for the equal value and worth
of the human being demands that a human being
must be treated as a human being
 Cruelty; Inhuman and degrading treatment,
torture- all prohibited
 Capital Punishment must be faulted
 Other terminology (idiot, imbecile) not allowed
 Gender based harassment; Other harmful
(cultural) practices are inconsistent with dignity
Chilemba E- Understanding Human Rights Law- Dignity
 S v Makwanyane and Another (1995 (6) BCLR
665; 1995 (3) SA 391; (6 June 1995): Para 344:
 In conclusion, then, the death penalty is
unconstitutional. It is a breach of the rights to
life and dignity that are entrenched in sections 9
and 10 of our Constitution, as well as a breach of
the prohibition of cruel, inhuman and degrading
punishment contained in section 11(2).

Chilemba E- Understanding Human Rights Law- Dignity

 Jurgen Habermas (2010) ‘The Concept of
Human Dignity and the Realistic Utopia of
Human Rights’ Metaphilosophy, Vol. 41, No. 4
(July 2010), pp. 464-480

 Mégret F “The Disabilities Convention: human

rights of persons with disabilities or disability
rights?” in (2008) 30 Human Rights Quarterly,
494
 CRPD preamble para (h).
 Chirwa D Human rights under the Malawian

Constitution (2011) 141.

Chilemba E- Understanding Human Rights Law- Dignity

 Without respect for human dignity…
Human Rights are an illusion…
No Dignity …No Rights…
But what is the history behind all this?

University of Malawi,
Faculty of Law

THANK YOU
Chilemba E- Understanding Human Rights Law- Dignity