Direito em Movimento - Volume 19 - Número 1 - 1º semestre - 2021

93 Direito em Movimento, Rio de Janeiro, v. 19 - n. 1, p. 81-107, 1º sem. 2021 ARTIGOS right associated with particular pursuits (for instance, the right to work 30 ) or segments of the population (women, disabled people, people in state custody, etc. 31 ).Dignity has also been especially influential to constitutiona- lism in Europe (DUPRÉ) and in the constitutional jurisprudence of coun- tries throughout Latin America, and parts of Asia and Africa. At the heart of dignity jurisprudence is the recognition that governments must respect people’s capacity to fully develop their personalities and to control the cou- rse of their lives. (DALY, 2016) Courts around the globe have interpreted such dignity rights to pro- tect people from improvident government action or inaction that adversely affects family relations, education, health, gender equality and against mis- treatment while detained, imprisoned, or seeking asylum. (DALY, 2016) . Moreover, courts worldwide are increasingly enforcing constitutio- nally-recognized rights to dignity, such as the High Court of Justice of the Federal Capital Territory in Nigeria deciding that the police violated a prisoner’s constitutional right to human dignity when it handcuffed and paraded him before his wife and children; (FCT, 2011) 32 the Lahore High Court in Pakistan striking a law’s use of the terms ‘disabled’, ‘physically handicapped’, and ‘mentally retarded’ as a violation of a constitutional right to dignity; 33 and the Constitutional Court of South Africa invalidating the death penalty as a violation of a constitutional right to dignity. 34 Courts elsewhere are enforcing constitutionally recognized rights to dignity in an assortment of contexts. We see courts in the United States and Argentina identifying dignity as the foundation for freedom of spee- 30 The constitution of Nepal, Art. 51(i)(2): ‘[G]uarantee[ing] social security, [by] ensuring the basic rights of all laborers[] in [accordance] with the concept of [dignity of labor][.]’. (emphasis added). 31 Constitution of the Republic of Haiti, Art. 44(1): ‘Prisons must be operated in accordance with standards reflecting respect for human dignity according to the law on this subject.’ (emphasis added). 32 Moses Egenokwu v. Attorney General of The Federation (FCT High Court, 2011), available at <https:// www.fcthighcourt.gov.ng/download/Microsoft%20Word%20-%20Christian%20onuigbo%20MN. pdf> (visited 10 May 2020). 33 Barrister Asfandyar Khan Tareen, etc.v. Govt. of the Punjab, W-P No. 29131/2017 (Lahore High Court, 2017), available at <https://delawarelaw.widener.edu/files/resources/brasfandyara.pdf > (visited 10 May 2020). 34 See, for instance, S v Makwanyane and Another (CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1995 (2) SACR 1 (6 June 1995), available at <http://www.saflii.org/ za/cases/ ZACC/1995/3.html> (visited 10 May 2020).