7^th Congress Conference of Constitutional Jurisdictions of Africa (CCJA)

"The Role and Importance of Human Dignity in Human Rights Adjudication"

Victoria Falls/Zimbabwe
31 October 2024

A man wishing to live long must act fairly.

                                               This is the case also for the States.  

                                    Being fair contributes to a longer life.

Distinguished Colleagues,

Esteemed Participants,

Ladies and Gentlemen,

Let me extend you all my most sincere and respectful greetings.

I would like to extend my heartfelt thanks to Mr. Luke Malaba, Chief Justice of the Constitutional Court and Supreme Court of Zimbabwe, which holds the term presidency of the Conference of Constitutional Jurisdictions of Africa (CJCA).

It is a great pleasure to express my sincere congratulation to Mr. Malaba, the esteemed members of the Court, and all those who have contributed to this successful and marvellous organisation. I would also like to express my sincere gratitude to Mr. Musa Laraba, Permanent Secretary General of the CJCA.

I am fully convinced that the 7^th Congress of the CJCA would yield outstanding and beneficial outcomes not only for the sake of cooperation, but also in the academic sense.

I would like to express my gratitude, once again, for the opportunity given to us to represent the Turkish Constitutional Court in this eminent organisation.

Today, we gather here at this paramount session to address human dignity, a fundamental human right, from both constitutional and legal perspectives. Human dignity is not only one of the most significant elements of law, but also an essential aspect of human existence. Laying at the heart of common values of our civilisations, human dignity has been enshrined and promoted in all constitutional regulations and judicial decisions as the underlying basis of fundamental rights and freedoms. In other words, human dignity is the core foundation of constitutionality. Therefore, constitutional jurisdiction undertakes a vital responsibility in protecting and reinforcing human dignity.

As such, to comprehend and discuss how human dignity, as the underpinning value of fundamental rights and freedoms, is articulated in judicial interpretations, notably in constitutional jurisdiction will provide a significant opportunity to strengthen the rule of law. In fact, all legal texts, notably constitutions, must be subject to evolutionary interpretation for being a living instrument. I therefore consider that the presentations and discussions here would make paramount contributions in this regard.

In my opinion, human dignity means that each human being, as the possessor of the highest rational and moral values, has an intrinsic value that cannot be infringed and waived, or deprived of.

When we use the term of human dignity, we refer to in abstracto simply the dignity of being human. We infer therefrom the dignity and honour inherent in merely being a human without any distinction based on race, colour, sex, ethnic origin, or any other ground whatsoever. We are speaking of a value that every human being equally possesses and that cannot be denied or ignored under any circumstances.

The concept of human dignity remains at the heart of modern understanding of human rights. Dignity refers to the individual's right to equal respect and consideration, and this right is afforded protection through legal sanctions. Human dignity is a moral imperative that shapes the law. Through reason and freedom of will, people can create their own values and way of life.  This freedom constitutes the essence of human dignity.

Human dignity is recognised globally as an ethical and legal principle that ensures respect for all human beings. This concept is rooted in the profound belief that everyone has an inalienable value intrinsic to “humanity”. Being a key element of international human rights law, human dignity is enshrined also in many conventions and declarations.  Dignity is a core value of individuals that must be protected and is an integral element of human rights. The need to protect and promote it in times of both peace and war is also emphasised in international instruments.

Human dignity, above all, rejects oppression, racism, exploitation, isolation, discrimination, hate speech, othering and excessiveness. In this sense, unfortunately, it is regrettably evident that we have not yet fully overcome these issues or succeeded in fully safeguarding human dignity.

Unfortunately, persecution, outrageous practices, hatred and othering continue to proliferate in different parts of the world, calling into question all the humanitarian values we have embraced so far. A blatant example of this situation is the treatment faced by asylum seekers and refugees forced to flee their countries due to wars, conflicts or socio-economic reasons.

Dear Participants,

The Preamble of the Turkish Constitution lays down that “Every Turkish citizen has an innate right and power, to lead an honourable life and to improve his/her material and spiritual wellbeing.”

In Article 5 of the Constitution, “to provide the conditions required for the improvement of the individual’s material and spiritual existence” is enumerated among the fundamental aims and duties of the State. The State is expected to prevent social exclusion of individuals and communities and to strive for ensuring a dignified life standard for everyone, and to overcome the obstacles to this end.  It is a mandatory positive obligation stipulated in our Constitution for the State to provide a legal environment in pursuit of human dignity.

In this regard, I will strive to provide you with an insight into how the Turkish Constitutional Court addresses human dignity and interprets this concept in its judgments. In the sublime hall of the Turkish Constitutional Court, just behind the stage and directly facing the audience, the following statement appears “Rights and freedoms are the honour and virtue inherent in humanity”.

In connection with the principle of the rule of law, the Turkish Constitutional Court emphasises the material and spiritual existence of the individual, as well as the protection and realisation thereof. It thereby points to the necessity to respect human dignity through a rights-based approach (the Court’s decision no. E.2014/122, K.2015/123, § 55).

The Court regards the respect for human dignity as the recognition of the inherent value of every individual simply for being human (the Court’s decision, no. E. 2014/122, K. 2015/123, 30 December 2015, § 55). This respect requires the protection of the individual under all circumstances. According to the Court, treatments infringing human dignity are the actions or treatments that deprive an individual of their humanity. “This represents a standard of conduct whereby any action falling below this threshold gives rise to the dehumanisation of the affected individual” (the Court’s decision, no. E. 1963/132, K. 1966/29, 28 June 1966). This principle affirms that the legal protection of human dignity applies not only against external threats but also implies that an individual’s dignity cannot be compromised, even with their own consent. Therefore, human dignity is recognised by the Turkish Constitutional Court as an absolute value that must be upheld under all circumstances.

The Court’s definition of a social state provides an essential framework for the protection and promotion of human dignity. The Republic of Türkiye is a state that places human dignity at the core of fundamental rights and steers its obligations around this concept. In defining the social state, the Court lays emphasis on human dignity and accordingly notes that the State’s obligations are designed to ensure that individuals can lead dignified lives across all spheres of life.

Distinguished Participants,

With the 2010 constitutional amendment, the Turkish Constitutional Court has been entrusted with the task and power to examine and adjudicate on individual applications, along with engaging in constitutionality review.

The power to examine individual applications has entrusted the Court with identifying and redressing violations of fundamental rights and freedoms resulting from public acts, actions, and negligence. The Turkish Constitutional Court has embraced and successfully fulfilled this mission.

Article 17 of the Turkish Constitution states that everyone has the right to protect and improve his/her corporeal and spiritual existence. Therefore, it prohibits penalties or treatment incompatible with human dignity. This provision serves as a clear guarantee of human dignity. The Court has rendered many decisions on individual applications under this provision that is directly related to human dignity. Another provision in the Constitution further safeguards the integrity of one’s physical and spiritual being, affording protection even during times of war, mobilization, or states of emergency.

In the Court’s view, these constitutional provisions mandate that the State not only refrains from acts that infringe upon human dignity but also imposes an active duty to investigate such acts thoroughly and punish those responsible in case of an alleged violation. This provision entails strict scrutiny of interferences with dignity and rights of individuals under the State’s control, in particular to protect such persons against abuses.

Distinguished Colleagues,

The Court has delivered numerous decisions under Article 17, addressing a wide range of issues. We have issued several judgments finding a violation of rights in cases of violence against women, as well as the State’s positive obligations in this regard. The question of whether a woman can keep her maiden name after marriage has been assessed within the scope of the right to protect and improve one’s physical and spiritual existence. Consequently, requiring a woman to adopt her husband’s surname after marriage was found to constitute a violation. Furthermore, the Court has issued numerous decisions concerning the disabled individuals under the prohibition of discrimination. For instance, a visually impaired individual applied for a loan at a bank but was unable to sign a statement affirming, “I have read and understood the documents” due to his disability. Instead of accommodating this individual’s needs, the bank officials kept him waiting for an extended period before ultimately turning him away. The Court found a violation also in this case. While many more violation judgments deserve attention, our limited time today prevents us from exploring them all.

In brief, the Turkish Constitutional Court considers that human dignity constitutes the very essence of the rights and justice-centred constitutional interpretation. Human dignity encompasses the basic requirement that individuals lead their lives as free and autonomous beings (the Court’s decision, no. E. 2020/13, K. 2020/68, 12 November 2020). This necessitates the realisation of human dignity within a legal framework founded on rights and justice.

Esteemed Colleagues,

For the common future of humanity, it is necessary to establish a just and ever-lasting peace in every corner of the world. This endeavour calls for a swift return to our moral values and justice and ensuring justice to prevail globally.

Concluding my remarks, I sincerely hope for the cessation of all actions that infringe upon human dignity in our world. On behalf of myself and the esteemed members of the Turkish Constitutional Court, I extend my warmest greetings to each of you, wishing you a long, healthy and peaceful life with all your loved ones.

Thank you for your attention.