Constitutional Law
Right to Human Dignity
Section 10 guarantees every person inherent human dignity and the right to have their dignity respected and protected. It is the foundation of all other rights in the Bill of Rights.
Legal Definition
Section 10: "Everyone has inherent dignity and the right to have their dignity respected and protected." The Constitutional Court has described human dignity as the cornerstone of the Bill of Rights. All other rights must be interpreted through the lens of dignity.
📖 Constitutional / Statutory Basis: Section 10, Constitution of the Republic of South Africa, 1996
Practical Example
A municipality demolishes informal homes in winter rain without notice or alternative shelter. The court holds this violates not only s26 (housing) but also s10 — treating residents as less than fully human.
Frequently Asked Questions
Can dignity override other rights?
Dignity does not automatically trump other rights, but it weighs heavily in the balancing act under s36. Laws that demean people are more readily found unjustifiable.
Does dignity apply to juristic persons (companies)?
Human dignity in its full sense is a human attribute. However, companies have related rights (like privacy and equality) that the courts protect.
What conducts violate human dignity?
Torture, degrading treatment, dehumanising prison conditions, humiliating public treatment, stripping of livelihood without cause, and treatment that negates a person's inherent worth.
Related Terms
Know the law. Know what to say.
Get the free South African rights checklist — 10 real scenarios, exact words to use, constitutional references. No card needed.