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Article 5: The Right to the respect for human dignity
Every individual shall have the right to the respect for the dignity inherent in the human being and to the
recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave
trade, physical or moral torture, and cruel, inhuman or degrading punishment and treatment shall be
prohibited. .
The right to life is a fundmental and inalienable right. Parallel to this the Universal Declaration of
Human Rights stipulates in its Article 3 that « everyone has the right to life, to liberty and security of
his person » in conformity with Article 4 of the African Charter on Human and Peoples’ Rights cited
above.
Burundian fundamental law guarantees this right, specifically in its Articles 14, 21, 25 and 26. For
example the provisions of Article 25 stipulate that « every woman, every man has the right to the
freedom of his person, notably to physical and mental integrity and to the freedom of movement.
No one shall be subjected to torture or to cruel, inhuman, or degrading punishment and treatment».
The right to life is protected as soon as the human foetus is formed. Thus the Burundian Penal Code
in its Article 505 penalizes abortion by specifying that « any person who, through food, potions, or
medication has the intent to cause a woman to abort outside the cases set out by law, shall be
punished with imprisonment of one to two years and a fine of twenty to fifty thousand Burundian
Francs.
Long considered as being linked to other inflations, the new Burundian Penal Code of April 2009
brought innovations by raising torture high up and by giving a clear and precise definition of torture.
Article 204 of this Code considers Torture as « any act through which a pain or acute physical or
mental suffering is deliberately inflicted on an individual for the purpose of obtaining information or
confession from her or from a third person, to punish him for an act committed by him or by a third
party, or who is suspected of having intimidated or put pressure on a third person or for any other
reason based on whatever form of discrimination, where such a pain or such suffering is inflicted by
a public official or by any other person acting in an official capacity, or on his own initiative, or with
his explicit or tacit consent ». The torture does not extend to the colour or to the suffering resulting
solely from the legitimate punishment, inherent to these sanctions or caused by them.