Journal articles: 'Human dignity and rights'

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Schroeder, Doris. "Human Rights and Human Dignity." Ethical Theory and Moral Practice 15, no. 3 (2012): 323–35. http://dx.doi.org/10.1007/s10677-011-9326-3.

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Regilme, Salvador Santino F. "The global politics of human rights: From human rights to human dignity?" International Political Science Review 40, no. 2 (2018): 279–90. http://dx.doi.org/10.1177/0192512118757129.

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This review essay highlights the limitations and possibilities of a global human rights order based on analysis of five recently published books about human rights. The main argument states that reform of the global human rights order requires not only a shift to a more emancipatory notion of human dignity but also an emphasis on global justice and material compensation within and between the Global North and Global South. Human dignity, in this essay, embraces all types of human rights claims, ranging from political rights to socio-economic rights, among many others. The essay proposes a three-pronged reform of international human rights: (1) a shift from Western human rights to the more inclusive and pluralist notion of human dignity; (2) the promotion of global justice by rewriting the rules of global economic governance; and (3) mandatory political education on human rights and human dignity.

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Mitchell, Neil, Rhoda E. Howard, and Jack Donnelly. "Liberalism, Human Rights, and Human Dignity." American Political Science Review 81, no. 3 (1987): 921–27. http://dx.doi.org/10.2307/1962683.

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Do international standards regarding human rights require the existence of a liberal regime? This was the thrust of Rhoda Howard and Jack Donnelly's essay in the September 1986 issue of this Review. Neil Mitchell takes vigorous issue with this contention, arguing first and foremost that Howard and Donnelly have not defined liberalism satisfactorily. Howard and Donnelly present a spirited rejoinder.

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Chapman, Audrey R. "Human Dignity, Bioethics, and Human Rights." Amsterdam Law Forum 3, no. 1 (2011): 3. http://dx.doi.org/10.37974/alf.157.

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Walton, Rebecca. "Supporting Human Dignity and Human Rights." Journal of Technical Writing and Communication 46, no. 4 (2016): 402–26. http://dx.doi.org/10.1177/0047281616653496.

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Sołtan. "Justice, Human Dignity and Human Rights." Good Society 26, no. 2-3 (2018): 354. http://dx.doi.org/10.5325/goodsociety.26.2-3.0354.

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HAYRY, MATTI, and TUIJA TAKALA. "HUMAN DIGNITY, BIOETHICS, AND HUMAN RIGHTS." Developing World Bioethics 5, no. 3 (2005): 225–33. http://dx.doi.org/10.1111/j.1471-8847.2005.00120.x.

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Muzaffar, Chandra. "From human rights to human dignity." Bulletin of Concerned Asian Scholars 27, no. 4 (1995): 6–8. http://dx.doi.org/10.1080/14672715.1995.10413029.

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Gilabert, Pablo. "Labor human rights and human dignity." Philosophy & Social Criticism 42, no. 2 (2015): 171–99. http://dx.doi.org/10.1177/0191453715603092.

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Montgomery, John Warwick. "Slavery, human dignity and human rights." Evangelical Quarterly 79, no. 2 (2007): 113–31. http://dx.doi.org/10.1163/27725472-07902002.

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Slavery continues to be practiced in many parts of the world: not only chattel slavery but also indirect varieties (enforced child labour, prostitution, debt enslavement, etc.). Secular organisations opposed to these practices seek to provide a suitable philosophical counter to those supporting or tolerating the evils. The present paper considers natural law and neo-Kantian arguments and finds them wanting. It then looks at biblical principles and the history of the abolition of the slave trade in England and the emancipation movement in the United States (eighteenth and nineteenth centuries). From this ideological and historical survey, an attempt is made to discover why Enlightenment principles, as exemplified by the French philosophes, Thomas Jefferson, and other Revolutionaries, failed to impact, whilst evangelical Christians (Granville Sharp, John Newton, Wilberforce, et al.) succeeded in their hard-won crusade to outlaw slavery. By way of conclusion, a parallel is drawn with the contemporary right-to-life movement and jurisprudent Ronald Dworkin’s position on abortion.

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Gilabert, Pablo. "Defending human dignity and human rights." Journal of Global Ethics 16, no. 3 (2020): 326–42. http://dx.doi.org/10.1080/17449626.2020.1861063.

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Delgado Rojas, Jesús Ignacio. "Dignidad humana = Human dignity." EUNOMÍA. Revista en Cultura de la Legalidad, no. 15 (October 1, 2018): 176. http://dx.doi.org/10.20318/eunomia.2018.4347.

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Resumen: La dignidad humana es un valor central para la Cultura de la legalidad y en la mayoría de ordenamientos jurídicos goza de las máximas garantías, tanto por estar ella misma protegida contra los ataques que la pudieran menoscabar como por servir de fundamento a otros derechos fundamentales. No obstante, el abuso del término en el discurso político y su fuerte carga moral y emotiva convierten la dignidad en un concepto de imprecisos contornos. En este trabajo se recupera el tratamiento clásico kantiano de la dignidad y se ofrece una lectura contemporánea que nos ayude a afrontar problemas actuales.Palabras clave: Dignidad, Kant, autonomía, felicidad, derechos humanos.Abstract: Human dignity is a central value for Culture of legality and in most legal systems enjoys the highest guarantees, because it protected against attacks that could reduce it and also because serve as basis for other human rights. However, abuse of the term in political discourse and its strong moral and emotional load become dignity concept of vague outlines. This paper recovers Kantian classic treatment of dignity and offers a contemporary reading that will help us to deal with current problems.Keywords: Dignity, Kant, personal autonomy, happiness, human rights.

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Neier, Aryeh. "Between Dignity and Human Rights." Dissent 60, no. 2 (2013): 60–65. http://dx.doi.org/10.1353/dss.2013.0031.

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Bayefsky, Rachel. "Dignity, Honour, and Human Rights." Political Theory 41, no. 6 (2013): 809–37. http://dx.doi.org/10.1177/0090591713499762.

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Killmister, Suzy. "Dignity, Torture, and Human Rights." Ethical Theory and Moral Practice 19, no. 5 (2016): 1087–101. http://dx.doi.org/10.1007/s10677-016-9725-6.

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Beyleveld, Deryck, and Roger Brownsword. "Human Dignity, Human Rights, and Human Genetics." Modern Law Review 61, no. 5 (1998): 661–80. http://dx.doi.org/10.1111/1468-2230.00172.

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Kleinig, John, and Nicholas G. Evans. "Human Flourishing, Human Dignity, and Human Rights." Law and Philosophy 32, no. 5 (2012): 539–64. http://dx.doi.org/10.1007/s10982-012-9153-2.

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Messetti, Paulo André Stein, and Dalmo De Abreu Dallari. "Human dignity in the light of the Constitution, human rights and bioethics." Journal of Human Growth and Development 28, no. 3 (2018): 283–89. http://dx.doi.org/10.7322/jhgd.152176.

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Introduction: Human dignity, as coined by the Universal Declaration of Human Rights (UDHR / 1948), is an expression social solidarity, which should cement the relations between people. Human dignity is the foundation of all rights, such as freedom, equality, justice and peace in the world, and in Brazil, human dignity was deemed a fundamental pillar of the country’s post-1988 constitutional order. Objective: This article seeks to a deeper investigation about the social nature of human dignity and its definition over time.  Methods: This is an exploratory research meant to unpack the concepts of "human dignity", "bioethics", "human rights" and "constitution". After describing the conceptual evolution of human dignity and the facts relevant to its conceptual formation in world history - as a normative standard and a legal rule -, we address the Universal Declaration of Human Rights (UDHR/1948), the Declaration of Helsinki (DH/1964), the Universal Declaration on Bioethics and Human Rights (UDBHR/2005), and the definition adopted in the Constitution of the Federative Republic of Brazil (CFRB/1988). The study was carried out without temporal limitation, and included a review of referenced books, legal doctrines, as well as articles and books in the SciELO database. Results and discussion: The findings ratify that human dignity is the foundation of all rights, including those of freedom, equality, justice and peace in the world, and must also guide the rights and duties of social regulation. Human dignity has changed from a criterion of power attributed to the social position of individuals to a value of the right to freedom, which now goes beyond the right of freedom and is the basis of modern constitutional democracy, which makes possible the realization of solidarity, as well as the duty and purpose of the state and the community. The will of the subject, of society, of the science and of the state, as well as the rules of domination and regulation, must have a limit on human dignity, and human dignity is not just fundamental right, in the sense of the Constitution, and must prevail over the exclusive will of science, the State and society. Therefore, in the making of power decisions and in realization of possible innovations of science involving human beings, human dignity demands the explicit consideration of respect and promotion of it. Conclusion: Human dignity is enshrined in Brazilian constitutional law, as well as in bioethics and in human rights, and it constitutes all the fundamental rights of the human person. It is not merely a rule of autonomy and liberty, and it is an obligatory and non-derogable precept in the making of power decisions, a true main foundation of constitutional democracies.

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BURIBAYEV, Yermek, Zhanna KHAMZINA, Dinara BELKHOZHAYEVA, Gulzhazira MEIRBEKOVA, Gulim KADIRKULOVA, and Lidiya BOGATYREVA. "Human dignity - the basis of human rights to social protection." WISDOM 16, no. 3 (2020): 143–55. http://dx.doi.org/10.24234/wisdom.v16i3.404.

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We argue that using human dignity as a criterion for determining social protection measures is an effective method. Although the concept of human dignity used in the constitutions of individual countries and international documents is vague and contradictory, it can be taken as a basis when justifying the human right to such a level of social protection that guarantees life with human dignity. That is, we adhere to the widespread opinion that human rights are justified by human dignity. We discuss how the concept of human dignity can influence the coercion of state authorities in Kazakhstan to fulfil their obligations to citizens on social assistance, how this concept can influence state social policy. Thus, the submissions can serve as a basis for the improvement of the regulatory legal framework in rights and freedoms protection.

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Kymlicka, Will. "Human rights without human supremacism." Canadian Journal of Philosophy 48, no. 6 (2018): 763–92. http://dx.doi.org/10.1080/00455091.2017.1386481.

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AbstractEarly defenders of the Universal Declaration of Human Rights invoked species hierarchy: human beings are owed rights because of our discontinuity with and superiority to animals. Subsequent defenders avoided species supremacism, appealing instead to conditions of embodied subjectivity and corporeal vulnerability we share with animals. In the past decade, however, supremacism has returned in work of the new ‘dignitarians’ who argue that human rights are grounded in dignity, and that human dignity requires according humans a higher status than animals. Against the dignitarians, I argue that defending human rights on the backs of animals is philosophically suspect and politically self-defeating.

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Pridvorov, Nikolay, and Vasily Trofimov. "Human dignity right in the system of personal (civil) human rights (the problem of applying an interdisciplinary approach to research)." Current Issues of the State and Law, no. 13 (2020): 9–20. http://dx.doi.org/10.20310/2587-9340-2020-4-13-9-20.

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We consider the problem of human dignity right as one of the key elements of the system of personal (civil) rights and freedoms of man and citizen. We state the constitutive importance of the right to human dignity in the structure of the legal status of an individual. We demonstrate the interdisciplinary nature of the institution of human dignity. We give examples of legislative protection of the right to dignity of an individual from a number of branches of Russian and foreign law. We reveal the incompleteness of both the doctrinal understanding and the legislative regulation of personal rights, including the right to the dignity of the person, which, as a general principle, figure only as objects of protection from state and legal means (mechanisms). In addition, these rights have their potential for the full realization of the personality in the process of social and legal life, and therefore it is necessary to create wider regulatory opportunities for this legal institution. The achievement of the goals of a correct understanding and regulation of the right to human dignity (as well as other personal rights) will be facilitated by the use of an interdisciplinary scientific approach in the process of scientific and practical research of this subject. We offer arguments that indicate the relevance of an interdisciplinary study of the right to human dignity.

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Kosilova, O. "THE RIGHT TO HUMAN DIGNITY IN THE SYSTEM OF CONSTITUTIONAL RIGHTS OF UKRAINE AND GERMANY." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 112 (2020): 27–32. http://dx.doi.org/10.17721/1728-2195/2020/1.112-5.

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The article analyzes human dignity as a legal category and fundamental natural human right. The place and role of the right to human dignity in the system of constitutional rights of Ukraine and Germany are compared. The scientific substantiation of the right to human dignity in Ukraine and Germany, its normative protection in both countries, is investigated. The approaches to defining and interpreting the right to human dignity in the practice of the Constitutional Court of Ukraine and the Federal Constitutional Court of Germany are compared. The relationship between the right to human dignity and other human rights is determined, as well as the sphere of protection of this right. In particular, there are parallels between the right to life and the right to human dignity, and their relationship is determined. It is substantiated that the human life and dignity of each person enjoy the same constitutional protection regardless of the duration of the individual's physical existence. It is established that among Ukrainian scholars there is no unified view of the right to dignity as a fundamental natural right. The right to human dignity in Ukraine is enshrined in the norms of constitutional, civil and criminal law. For the most part, the protection of the right to human dignity is correlated with the right to the protection of honour and goodwill. The right to human dignity and honour are not clearly distinguished. The legisla- tion of Ukraine does not contain a legal norm defining the concept of the right to human dignity. The case-law of the Constitutional Court of Ukraine in this area is not sufficiently developed and does not constitute a proper legal framework. In Germany, the right to human dignity is a decisive and fundamental human right that is fundamental to all other rights. Human dignity is the supreme fundamental value and the root of all fundamental rights. The right to human dignity enshrined in Article 1 of the Constitution of the Fed- eral Republic of Germany defines it as an absolute value, which means that it cannot be restricted by any other norm, even by another fundamental right that follows from human dignity.

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Ziebertz, Hans-Georg, and Carla M. Ziebertz. "Labour Rights and the Impact of Human Dignity, Religious Belief and Perception of Society." Journal of Empirical Theology 29, no. 1 (2016): 45–77. http://dx.doi.org/10.1163/15709256-12341337.

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The present study was part of a large research project on human rights. This paper focuses on attitudes towards labour rights of German adolescents (N = 2244) The labour rights under investigation are the right to work for everyone, the right to equal pay for equal work, the right to working hour limitations, the right to paid holidays, and the right to support for the unemployed. Although human rights in general are considered as universal, egalitarian and indivisible, attitudes towards these rights can be positive, negative or ambivalent, and may depend on the context. The aim of this study is to investigate adolescents’ attitudes towards labour rights, and to examine whether and which contextual factors are related to their attitudes towards labour rights. The contextual factors under examination were: human dignity, religious beliefs, the socio-political perception of society, and socio-demographic characteristics. The findings show that labour rights are very positively valued, except support for the unemployed. From all predictors the strongest is the understanding of human dignity as inherent to humans, followed by dignity through moral behaviour.

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Howard, Rhoda E., and Jack Donnelly. "Human Dignity, Human Rights, and Political Regimes." American Political Science Review 80, no. 3 (1986): 801–17. http://dx.doi.org/10.2307/1960539.

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It is often argued that internationally recognized human rights are common to all cultural traditions and adaptable to a great variety of social structures and political regimes. Such arguments confuse human rights with human dignity. All societies possess conceptions of human dignity, but the conception of human dignity underlying international human rights standards requires a particular type of “liberal” regime. This conclusion is reached through a comparison of the social structures of ideal type liberal, minimal, traditional, communist, corporatist and developmental regimes and their impact on autonomy, equality, privacy, social conflict, and the definition of societal membership.

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Proietti, Pamela W. "Maritain on Human Dignity and Human Rights." Journal of Interdisciplinary Studies 21, no. 1 (2009): 106–22. http://dx.doi.org/10.5840/jis2009211/26.

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December 2008 marked the 60th anniversary of the Universal Declaration of Human Rights, arguably the single most important and influential document endorsed by the United Nations. Jacques Maritain was a primary author of the religious liberty clauses ofthe 1948 Declaration, and the most prominent Christian philosopher ofthe twentieth century. Maritain developed a radical critique of prevailing Westem political and social thought. A persuasive critic of secular humanism and legal positivism, Maritain sought a cultural renewal of Christian Europe by means of rediscovering an integral Christian humanism. This essay explores the central ideas in Maritain's philosophical defense of universal human rights. Maritain placed the philosophical foundation of human rights in natural law, and assumed the existence of a "natural spirituality of intelligence" grasped by a connatural, pre-philosophic intuition. Yet Pope Benedict XVI challenges the central philosophical assumptions at the foundation of Maritain's defense of human rights.

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Vandenberg, Donald. "Human Dignity, Three Human Rights, and Pedagogy." Educational Theory 36, no. 1 (1986): 33–42. http://dx.doi.org/10.1111/j.1741-5446.1986.00033.x.

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Gilabert, Pablo. "Précis of Human Dignity and Human Rights." Journal of Global Ethics 16, no. 3 (2020): 283–87. http://dx.doi.org/10.1080/17449626.2020.1861062.

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Kebadu Mekonnen Gebremariam. "Human Rights and Human Dignity: A Case Against Separating the Conjoined Twins." Ethiopian Journal of the Social Sciences and Humanities 16, no. 1 (2020): 103–23. http://dx.doi.org/10.4314/ejossah.v16i1.5.

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Doris Schroeder asserts that the received view according to which human rights are derived from the inherent dignity of the human person must be rejected. She appeals to separate these conjoined twins (human dignity and human rights) by offering three knockdown arguments respectively captioned as “the justification paradox”, “Kantian cul-de-sac” and “hazard by association”. This paper submits a case for preserving the conjoined twins, both by refuting Schroeder’s arguments and at the same time proposing a positive appraisal of human dignity as foundational to human rights. The distributive account of a foundation, on which Schroeder’s arguments are premised, requires that a normative foundation must underpin every single human rights claim. Human rights claims, as diverse as they are, admit plurality of normative foundations (understood in the distributive sense) and human dignity directly underpins only a subset of the most basic human rights. There is another sense in which human dignity can be conceived as foundational to human rights, precisely as the general moral standing of human beings as holders of the bundle of moral human rights. Foundation as moral standing is consistent with the view that not every human rights-claim has its normative foundation in human dignity; thus, Schroeder is mistaken in thinking that failing to be a foundation in the distributive sense defeats the accepted view that human rights derive from human dignity.

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Kirste, Stephan. "THE FORMAL AND SUBSTANTIVE CORE OF HUMAN RIGHTS." HUMANITIES AND RIGHTS | GLOBAL NETWORK JOURNAL 1, no. 1 (2019): 21–59. http://dx.doi.org/10.24861/2675-1038.v1i1.10.

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Human dignity is the basis of human rights. From the four dimensions of dignity - the status subjectionis, the status negativus, the status positivus and the status activus - both form and content of human rights can be justified. The form as subjective rights is necessary so that man is treated as a subject and not as a mere object (status subjectionis). In terms of content, human rights protect not only freedom from the state (status negativus), freedom through the state (status positivus), but also the freedom of the individual to participate in the establishment of public authorities (status activus). In addition: human dignity itself is a human right.

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Goldstein, Howard. "Dignity." Families in Society: The Journal of Contemporary Social Services 81, no. 2 (2000): 115–17. http://dx.doi.org/10.1606/1044-3894.1005.

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Hon, Kam Lun. "Human dignity and rights beyond death." Journal of Medical Ethics 39, no. 10 (2012): 651. http://dx.doi.org/10.1136/medethics-2012-100826.

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Shah, Timothy Samuel. "Disability and dignity, and human rights." Transformation: An International Journal of Holistic Mission Studies 15, no. 4 (1998): 20–24. http://dx.doi.org/10.1177/026537889801500409.

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Maschi, Tina, and Marina Richter. "Human Rights and Dignity Behind Bars." Journal of Correctional Health Care 23, no. 1 (2017): 76–82. http://dx.doi.org/10.1177/1078345816685116.

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Valentini, Laura. "Dignity and Human Rights: A Reconceptualisation." Oxford Journal of Legal Studies 37, no. 4 (2017): 862–85. http://dx.doi.org/10.1093/ojls/gqx011.

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Grant, Evadné. "Human Dignity and Socio-Economic Rights." Liverpool Law Review 33, no. 3 (2012): 235–61. http://dx.doi.org/10.1007/s10991-012-9122-8.

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Sangiovanni, Andrea. "Human Rights in a Kantian Key." Kantian Review 24, no. 2 (2019): 249–61. http://dx.doi.org/10.1017/s1369415419000049.

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AbstractThis article discusses Luigi Caranti’s Kant’s Political Legacy, which argues, among other things, that a Kantian reconstruction of dignity can provide a foundation for human rights. Caranti’s book is one of the most powerful recent reconstructions of Kant’s political philosophy. Four main points are argued in response. First, to what extent can dignity understood as a value ground the essentially relational character of human rights claims? Second, does Caranti explain why our mere rational capacity to set moral ends has dignity rather than the realization of that capacity in a morally righteous will? Third, how can the argument provided avoid the conclusion that, because people’s capacities vary, their dignity varies too? Fourth, is Kant’s political philosophy incompatible with our modern understanding of human rights and, in particular, their function in international law and practice?

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Rossello, Diego. "All in the (Human) Family? Species Aristocratism in the Return of Human Dignity." Political Theory 45, no. 6 (2016): 749–71. http://dx.doi.org/10.1177/0090591716668383.

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Human dignity is making a comeback. The essay focuses on the story that this comeback of human dignity presupposes and recasts. In that story, the “human family” is portrayed in terms of aristocratic dignitas. The consequences are twofold: (1) human dignity is co-implicated with the de-animalization of the human being; (2) once de-animalization is introduced, the story of human dignity cultivates an aristocratic sense of elevation of the human over other species, or what I will call “species aristocratism.” The fact that a new kind of aristocratism based on species emerges from the story of human dignity should concern us, I suggest, because it not only confronts us with unintended consequences of relying on human dignity as the foundation of human rights but also invites us to rethink our contemporary egalitarian, democratic ethos, understood as aristocracy for all.

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Vatter, Miguel. "Dignity and the Foundation of Human Rights: Toward an Averroist Genealogy." Politics and Religion 13, no. 2 (2019): 304–32. http://dx.doi.org/10.1017/s1755048319000336.

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AbstractThe aim of this article is to give a new reconstruction of the conception of human dignity as a pre-associative yet legal status. Such a legal conception of human dignity carries a universal legal obligation to respect the “innate” right to independence and enables us to move beyond the impasse between moral and political views of human rights. The argument has a normative and a genealogical component. The normative component shows why a legal conception of human rights is grounded on the Kantian idea of an innate legal right to independence, as well as showing that Kant adopted a legal status concept of human dignity. The genealogical component shows that the conception of human dignity as legal status undergoes a transvaluation from its ancient aristocratic to its modern democratic meaning in Dante's political thought, which is itself rooted in the western reception of Arabic philosophy, in particular political Averroism. By contrast to the Christian elaboration of dignity, the Averroist genealogy of dignity better describes the modern pursuit of an ideal of worldly happiness essentially linked with the collective attainment of public happiness through the unrestricted public use of reason facilitated by republican constitutions crowned by human rights.

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Sison, Alejo José G., Ignacio Ferrero, and Gregorio Guitián. "Human Dignity and The Dignity of Work: Insights from Catholic Social Teaching." Business Ethics Quarterly 26, no. 4 (2016): 503–28. http://dx.doi.org/10.1017/beq.2016.18.

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ABSTRACT:What contributions could we expect from Catholic Social Teaching (CST) on human dignity in relation to the dignity of work? This article begins with an explanation of CST and its relevance for secular audiences. It then proceeds to identify the main features of human dignity based on the notion of imago Dei in CST. Next comes an analysis of the dignity of work in CST from which two normative principles are derived: the precedence of duties over rights and the priority of the subjective dimension of work over the objective dimension. Afterwards, the “right to work” and the “rights of workers” are engaged with from this normative perspective, particularly within the context of globalization.

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Bendor, Ariel L., and Michael Sachs. "The Constitutional Status of Human Dignity in Germany and Israel." Israel Law Review 44, no. 1-2 (2011): 25–61. http://dx.doi.org/10.1017/s0021223700000959.

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This article applies comparative law tools to portray eight significant aspects of the constitutional right to human dignity in Germany and Israel. The elements considered are: the constitutional status of human dignity; the nature of the right; its effect on other constitutional rights; its scope and definition; waiver of human dignity; human dignity after death; negative and positive aspects of the right; and the right to asylum. The textual foundations of the respective constitutional guarantees are as different as human dignity's core meaning. In Germany, such guarantees are held to be absolute, immune to restriction, and therefore quite narrow in scope. In Israel, the scope of the right is much broader, but it is subject to limitations when placed against the public interest. Still, based on the findings of our comprehensive comparison, similar dynamics can be identified in Germany and Israel The constitutional coverage of both absolute and relative principles is broad, as are the constitutional lacunas, which are those dimensions of constitutional law neglected by the written constitution.

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Pirumyan, Tatevik. "THE PROBLEMS OF HUMAN DIGNITY AND HUMAN RIGHTS IN THE CONTEXT OF BIOETHICS." WISDOM 11, no. 2 (2018): 33–41. http://dx.doi.org/10.24234/wisdom.v11i2.219.

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The article presents an analysis of the principles of human dignity and human rights from the viewpoint of bioethics, describes the development and modifications of the concepts of “human dignity” and “human rights” in different historical stages. The main purpose of the article’s detailed observation is a complete and true perception of the problems of human dignity and human rights in the contemporary globalized world. To implement the above-mentioned aim, the paper deals with different international conventions and declarations: Convention for the Protection of Human and Dignity of the human Being with regard to the Application of Biology and Medicine: Convention of Human Rights and Biomedicine, European Convention on Human Rights, Human Rights and Biomedicine: The Oviedo Convention and its Protocols, The Nuremberg Code, The UNESCO Universal Declaration on Bioethics and Human Rights, Universal Declaration of Human Rights, WMA Declaration of Geneva, WMA Declaration of Helsinki and WMA Declaration of Lisbon on the rights of the patient.

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Singh, Dr Dharmendra Kumar. "Poverty and Human Dignity: A Human Rights Approach." IOSR Journal of Humanities and Social Science 22, no. 06 (2017): 48–55. http://dx.doi.org/10.9790/0837-2206114855.

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McCrudden, C. "Human Dignity and Judicial Interpretation of Human Rights." European Journal of International Law 19, no. 4 (2008): 655–724. http://dx.doi.org/10.1093/ejil/chn043.

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Demarchi, Clovis. "Between fundamental rights and foundation: The position of human dignity in the Brazilian legal context." Technium Social Sciences Journal 9 (June 30, 2020): 288–97. http://dx.doi.org/10.47577/tssj.v9i1.1108.

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The article focuses on Human Dignity and Fundamental Rights. The objective is to characterize Human Dignity as the foundation of Fundamental Rights. It is sought to demonstrate that the content of Human Dignity is the Fundamental Rights. The text is divided into five parts, initially with the proposal of creating a concept and the characterization for Human Dignity. In the next step, religious, political and philosophical elements of the idea of dignity are discussed. Then, the dignity in the Brazilian legal system is discussed, and the same occurs with Fundamental Rights. At the end of the article, there is a confrontation between Human Dignity and Fundamental Rights showing their intertwining. It was concluded that Human Dignity imposes limits on the actions of any organism and form of political or social organization. It is the foundation that determines the role of the Fundamental Rights. It is the condition of the existence of the human being. It is up to Human Dignity to bring the essence of what characterizes the human being in the juridical-social order. On the one hand, Fundamental Rights guarantee the realization of Human Dignity; on the other hand, dignity is concretized when Fundamental Rights are realized. The inductive method was used and the research was bibliographic and documentary. Predefined paragraph styles

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Hwang, Eun Young. "Augustine and Xunzi on Human Dignity and Human Rights: The Worth of Being Human and Its Entitlement to Institutional Measures for Protecting the Access to Human Flourishing." Religions 11, no. 5 (2020): 264. http://dx.doi.org/10.3390/rel11050264.

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While some human rights theorists suggest that the universalistic project of human rights can be consistent only with an individualistic conception of dignity aligned with liberal regimes, there have also been some voices of discontent raised from Christian and Confucian thinkers in favor of incompatibility. I refer to the universalistic position of approaching cross-cultural human rights by focusing on Pogge’s contextualistic universalism and Joas’ universalistic emphasis on the sacredness of person. I show how it is possible to ground the religious foundation of human dignity on self-transcendence (Joas) and the institutional foundation on the capacity for the pursuit of a worthwhile life as flourishing (Pogge). This idea of dignity grounds human rights as the entitlement to institutional measures for securing the access to basic goods for human flourishing (Pogge). When reinterpreting Augustine and Xunzi in light of human dignity and human rights, I tackle two questions, following Pogge and Joas. First, I reinterpret Augustine and Xunzi by showing how human dignity rests on the relative worth of pursuing one’s flourishing distinct from animals and the absolute worth of pursuing flourishing open for self-transcendence, which also entails different ranges of social conceptions of flourishing. I also tackle how this sense of dignity leads to the entitlement to institutional measures for protecting the access to basic goods for human flourishing as the issue of human rights.

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Al-Najjar, Sherzad Ahmed Ameen, and Hemn Ghani Saeed. "Ronald Dworkin and Human Dignity as Highest Constitutional Value: Philosophical Theorization of Rights and Human Dignity in a Comparative Perspective." ISSUE EIGHT 5, no. 1 (2021): 82–89. http://dx.doi.org/10.25079/ukhjss.v5n1y2021.pp82-89.

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This paper focuses on the study of Ronald Dworkin and Human dignity as the highest constitutional value. Ronald Myles Dworkin (1931-2013), a famous American philosopher, jurist, and scholar of the United States constitutional law believes that constitutional provisions are permeated with moral principles and that human dignity is an intrinsic constitutional value, and that it must be considered in judicial decisions. Dworkin has his concept of rights, arguing that rights constitute claims against the state, and he espouses the idea that it is forbidden to sacrifice individual needs and preferences to achieve the public interest. That is, there are rights that the state cannot derogate from or violate, whatever the rationalizations and justifications. Dworkin categorically affirms that people have the right to be treated with dignity and that rights have an exceptional moral force that stems from the importance of human dignity, and that leads to preventing the formulation and implementation of specific policies even if they aim to enhance the general welfare of society. Consequently, his thoughts and reflections in this regard constitute a solid philosophical basis for the recognition of human dignity as the highest constitutional value.

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Moisei, Heorhii. "Problems of enforcement of the right to human dignity in Ukraine." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 160–64. http://dx.doi.org/10.36695/2219-5521.2.2020.27.

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The article examines the problems of enforcement of the right to human dignity in Ukraine. It is emphasized that the modernmodel of realization and protection of fundamental human rights and freedoms is an integral attribute for sustainable development ofsociety, and the right to dignity as a determining human right occupies a central place in the system of constitutional law.A special attention is drawn on the double dimension of human dignity in the Constitution of Ukraine, its significance and specialplace in the system of constitutional law.The legal views of the Constitutional Court of Ukraine in terms of knowledge and substantiation of human dignity, its key rolein the development of the human rights protection system, the tendency to change approaches to the interpretation of this concept overthe past 20 years have been analyzed.An attention is also focused on the inexpediency of using a positivist approach during interpretation of such a right category ashuman dignity.The author takes up the position that understanding the right to human dignity is essential to the development of natural legaldoctrine of human rights.The problem of exercising the right to human dignity is to develop own approaches to understanding human dignity, and so thatthe adoption of quality decisions by the Constitutional Court of Ukraine.The multidimensional understanding and grounding of human dignity has been analyzed by the Federal Constitutional Court ofGermany, which considers the human dignity as a fundamental right. It is also noted that the use of such practices is a consequence of the globalization approach to the constitutional interpretation.Primarily, the human dignity accomplishes the function of restricting the legislator in matters relating to the protection of the absolutelyuntouchable sphere.A conclusion was drawn that all acts of the state must comply with it, this is a criterion for the country’s compliance with thesupremacy of law. Human dignity is the main objective of the constitutional state.

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Lon, Yohanes. "HAM DAN HUKUMAN MATI MENURUT ATURAN GEREJA KATOLIK: IMPLIKASI PASTORALNYA DI INDONESIA." Jurnal Pendidikan dan Kebudayaan Missio 12, no. 1 (2020): 1–11. http://dx.doi.org/10.36928/jpkm.v12i1.206.

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The enforcement of the death penalty in Indonesia has become a challenge for Indonesian Catholic Church in defending the dignity of human being and his right for life. Through a literature study, this article will highlight the rule of Catholic Church o death penalty and its implications for pastoral activities. The study argues that the dignity of human being is based on its nature as rational, free will and conscience creature. Moreover God has created human beings according to His own image and has redeemed them when destroyed by their own sins. Death penalty is essentially against the dignity of human being and human rights, especially the right to life. Therefore, its enforcement must consider the safety and protection of human rights. The death penalty is only allowed for extraordinary crimes against humanity and is carried out to protect the human rights of others as well as through fair, right and objective justice. The study concludes that in order to protect human rights and the dignity of human being in Indonesia, the Indonesian Catholic Church, through its pastoral works, must promote and defend the noble dignity of human beings and their right to life (pro life pastoral), carry out pastoral of forgiveness and of mercy to the setenced to death, criticize and oversee every trial which results in the death sentence to the defendant (critical prophetic pastoral).

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Piraman, Fatemeh, Seyed Mohammad Sadegh Ahmadi, and Masoud Raei. "An Analysis of the Role of Human Dignity in the Iranian Citizens Rights Charter." Journal of Politics and Law 9, no. 6 (2016): 177. http://dx.doi.org/10.5539/jpl.v9n6p177.

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<p>In today's societies, in which the variety of social communications are increasingly expanded, citizenship rights in relation to all citizens equally and without discrimination depends on a comprehensive charter. This charter should specifically predict citizenship rights. The citizenship Bill of Rights will only be successful in achieving its goals in case it is principally based on the human dignity. The Iranian legal system in 1392 experienced the development of the "Citizens Rights Charter". This charter, with its fundamental drawbacks, will not have a desirable impact on the Iranian legal system.<br />Apparently, human dignity enjoys a proper position in the introduction and the general rules of the Iranian Citizens Rights Charter. However, the charter's understanding of the concept of citizen and government has compromised this condition. On the one hand, considering the citizen as anonymous with the national, and granting citizenship right to the state on the other hand have compromised the the position of human dignity in the charter.<br />With respect to the instances of civil rights, human dignity does not enjoy an appropriate position too. The lack of distinction between instances of human rights and mere citizenship rights, non-implementation of instances in a comprehensive framework and the over-emphasis on counting the instances by the law, has undermined human dignity in the citizen rights context.</p>

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Piraman, Fatemeh, Seyed Mohammad Sadegh Ahmadi, and Masoud Raei. "Pathological Analysis of the Charter of Citizenship Rights in Iran in Judicial Rights Terms with a Focus on Human Dignity." Journal of Politics and Law 10, no. 1 (2016): 177. http://dx.doi.org/10.5539/jpl.v10n1p177.

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Judicial right is one of the most significant fields of citizenship rights. A large part of the right legal instances become considerable when a citizen is under suspicion. To codify the examples of legal rights principally, the concept of human dignity needs to be the focal point on a constant basis. In the case of ignoring this criterion in arranging the constitutional rights the justice would not be attained, and the legal security of the citizens would be disrupted.Within the constitutional rights of Iran, the charter of the citizenship rights as a comprehensive document considered within the constitutional right field. In the preface and principles of this document human dignity is confirmed as one of the most significant factors in codifying the citizenship rights. However, in the continuation and in the arrangement of the instances of the citizenship rights this criterion has not been considered as expected.The charter of the constitutional rights compared to previous rules of it has no significant innovation. Two groups of factors have caused the insignificant role of human dignity within the judicial rights. The first groups include the general factors such as presenting an inaccurate definition of citizen and mingling the instances of human rights with examples of rights. The second group of factors that mostly relate the lack of precise positioning towards some of the accepted principles of the legal right has provided the possibility of violating human dignity in this charter.

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Journal articles on the topic 'Human dignity and rights'

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