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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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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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Gan, Shaoping. "Human dignity as a right." Frontiers of Philosophy in China 4, no. 3 (2009): 370–84. http://dx.doi.org/10.1007/s11466-009-0024-3.
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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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Sharma, Lipika. "RIGHT TO SANITATION: HUMAN RIGHT ASSOCIATED WITH HUMAN DIGNITY." International Journal of Advanced Research 5, no. 4 (2017): 2059–69. http://dx.doi.org/10.21474/ijar01/4052.
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Shames, Alison, and Ram Subramanian. "Doing the Right Thing." Federal Sentencing Reporter 27, no. 1 (2014): 9–18. http://dx.doi.org/10.1525/fsr.2014.27.1.9.
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Human dignity plays a central and constitutive role within the German and Dutch criminal justice systems. It influences not only the overall approach to, and accepted purpose of, punishment, but also the types of sanctions that are typically doled out, the setup of their prisons, and the conditions in which prisoners find themselves once in custody. Although human dignity is not the paramount value in the American criminal justice system, this article contends that recent criminal justice reform efforts implicate human dignity into system practices to a greater degree than ever before. While the reform efforts are prompted by a concern for efficiency and efficacy, policymakers are increasingly relying on research that indicates that more humane and individualized treatment of offenders is a key component to achieving desired public safety outcomes. The article starts with a brief discussion of how human dignity became a central value of the European system and contrasts this with the historically weaker sway human dignity has played in the American system. It then demonstrates that the principle of human dignity is gaining influence through recent legislative reform efforts in the United States as well as changes in correctional training and supervision practices.
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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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Kravchenko, M. "HUMAN DIGNITY THROUGH THE PRISM OF THE GERMAN LEGAL DOCTRINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 113 (2020): 33–38. http://dx.doi.org/10.17721/1728-2195/2020/2.113-7.
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The article studies the right to human dignity through the prism of German legal doctrine. During the research, a wide range of general scientific and special legal methods of scientific cognition has been used, in particular: methods of dialectical logic, comparative legal and system-structural methods. The paper analyses domestic and German legal resources on the right to human dignity, in particular the works of S. von Puffendorf, I. Kant and G. Durig. As a result of the study, the author states that the German legal opinion formed the fundamental doctrine of the right to human dignity. This doctrine began in Germany, back in the Renaissance. For the first time, it was systematized in the works of a German researcher S. von Puffendorf. The article illustrates that human dignity is revealed in the German doctrine of fundamental human rights through a number of characteristics. The right to human dignity is the foundation of social value and respect for human beings. It prohibits the conversion of a person to an object in state procedures. Human dignity is not only the individual dignity, but also the dignity of a person as a species. Everyone possesses it regardless of its characteristics, achievements and social status. It also belongs to someone who cannot act reasonably because of his or her physical or mental state. They do not lose their human dignity even through "unworthy" behaviour, for example, by committing any crime. No one can be deprived of human dignity. Attention is drawn to the fact that German law does not intentionally give a definitive definition of the right to human dignity. It merely defines a comprehensive list of requirements for the protection of this fundamental human right. The reason for this is that any definition cannot guarantee the absolute protection of this human right. In other words, such a normative definition of this human right will inevitably lead to such a situation where it cannot protect the human dignity of an individual or even be the legal basis for its restriction. In this part, the German approach to the definition of the right to human dignity differs significantly from the domestic approach, since for the national science and practice of lawmaking it is quite logical to take a different approach, in particular to formulate clear and comprehensive definitions of legally significant phenomena and categories. It has been established that, according to the German doctrine of fundamental human rights, human dignity must be protected in any way within any relationship. It was found that the German Nazis had a negative influence on the German doctrine of the human dignity. This is due to the fact that the protection of human dignity was not built around what was allowed to be done, but about what was forbidden under any circumstances. Keywords: human dignity, a fundamental human right, a human rights doctrine, a state, legislation.
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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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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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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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Konsta, Anna-Maria. "Is There a Right to Human Dignity? The Example of the Right to Education of Refugees." European Journal of Migration and Law 21, no. 2 (2019): 261–79. http://dx.doi.org/10.1163/15718166-12340050.
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Abstract The present article attempts a brief presentation of the legal framework in relation to the protection of the right to education and the protection of the human dignity of refugees, with reference to international and emphasis on European law, in an effort to recognize the inviolability of the right to education of refugees. At the same time, the question is raised if there is an independent right to human dignity or if human dignity is merely a framework term in light of which one could interpret, for example, the right to education of refugees. Through the discussed case-law of the European judicial and quasi-judicial bodies, which use the concept of human dignity, in order to protect asylum seekers, a European concept of human dignity has emerged, which may be acknowledged as an absolute fundamental right.
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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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Gooshki, Ehsan Shamsi. "Human Dignity And The Right To Die." QScience Proceedings 2014, no. 2 (2014): 9. http://dx.doi.org/10.5339/qproc.2014.islamicbioethics.9.
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Baimagambetova, Z., and A. Maulen. "The human right to a dignity life." KazNU BULLETIN. International relations and international law series Vol 81, no. 1 (2018): 56–66. http://dx.doi.org/10.26577/irily-2018-1-765.
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Mamnitskyi, Valeriy, Iryna Cherevatenko, and Natalia Horban. "Judicial Protection of a Human Dignity Right." Cuestiones Políticas 39, no. 69 (2021): 225–36. http://dx.doi.org/10.46398/cuestpol.3969.13.
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Human dignity has become a central legal concept throughout the world and is increasingly used in judicial decisions in many countries that do not include it in their national legislation. However, due to the acknowledged vagueness of the concept, academics and judges have identified many difficulties in its implementation and the specific challenges it poses to the rule of law. Consequently, from a documentary methodology this article tries to develop and propose, from the analysis of different philosophical approaches to the definition of human dignity, a series of principles that can be applied in judicial decisions to achieve a deep common understanding of the usefulness of human dignity and, at the same time, tries to solve problems that are now widely recognized, both by supporters and critics of the judicial use of this concept. It is concluded that the concept of human dignity must have a decisive influence on the formation, not only of substantive law but also of procedural law. It must become a criterion for the need for measures to prevent the abuse of procedural rights, the distortion of justice and the deliberate evasion of its main task.
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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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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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Vitale, Aldo Rocco. "Il diritto alla salute tra selezione eugenetica e dignità della persona / Right to health between eugenetic selection and dignity of person." Medicina e Morale 66, no. 3 (2017): 345–69. http://dx.doi.org/10.4081/mem.2017.496.
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L’articolo esamina il problema del diritto alla salute determinato tra la selezione eugenetica e la dignità della persona. Il diritto alla salute è reclamato sia nella procreazione medicalmente assistita, sia nell’aborto, sia nell’eutanasia. In queste tre situazioni il diritto alla salute è inteso come pubblico e come individuale. In tale scenario il diritto alla salute si ritrova in mezzo tra la volontà di selezionare eugeneticamente le persone e il dovere di rispettarne la dignità. Ma cosa è il diritto alla salute? E cosa la dignità della persona? A queste domande risponde il seguente lavoro. ---------- The article examines the issue about the right to health between the eugenetic selection and human dignity. The right to health is claimed in assisted reproductive technologies, in abortion, in euthanasia. In these three situations the right to health is understood as public and as an individual. In this perspective, the right to health is to be found in the middle between the desire to select eugenically people and the duty to respect their dignity. But what is the right to health? And what dignity? These questions answer the following work.
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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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Fischer, Johannes. "Menschenwürde und Anerkennung." Zeitschrift für Evangelische Ethik 51, no. 1 (2007): 24–39. http://dx.doi.org/10.14315/zee-2007-0105.
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AbstractThe essay discusses two different conceptions of human dignity. According to the first conception, ›respecting the dignity of a human being‹ means to respect something specific that is given by her being human. According to the second conception, however, ›respecting the dignity of a human being‹ means to respect her as a human being. With regard to the first understanding, one is bound to respect human dignity (as an abstract concept), whereas on the basis of the second conception, we owe respect to the human being herself. The duty to respect human dignity serves as a foundation for duties we have with regard to human beings as such. The duty to respect someone as the human being she is, however, is a duty towards her. This duty therefore justifies a right she may claim, namely the right to be respected as a human being. The core of human dignity, then, is this rights-conferring status of being human. This article reacts to the German debate on human embryonic research. Participants in this debate argue that human dignity depends on being human in a generic sense. According to them, the early embryo participates in this sense of being human, which allows them to apply the concept of human dignity, including the absolute protection it entails, to human embryos. The author criticizes this view, claiming that it undermines the very idea of human dignity by neglecting the rights-conferring status of being a particular human being which is at its core. Rather, a »decent society« (Avishai Margalit) is characterized by the fact that its members are treated and respected as (individual) rights-holders.
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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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Tzatzaki, Vicky. "Human dignity as a common element in international biolaw and the right to water." IUS ET SCIENTIA 3, no. 2 (2017): 1–13. http://dx.doi.org/10.12795/ietscientia.2017.i02.02.
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Reichstein, Angelika. "A Dignified Death for All: How a Relational Conceptualisation of Dignity Strengthens the Case for Legalising Assisted Dying in England and Wales." Human Rights Law Review 19, no. 4 (2019): 733–51. http://dx.doi.org/10.1093/hrlr/ngz033.
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Abstract Criminalising assisted dying is irreconcilable with human dignity and condemns a small number of individuals to significant suffering. Human rights law requires the protection of privacy, but States are given some flexibility in terms of balancing the right to respect for private life with the need to safeguard life itself. The recurring cases of suffering individuals who seek legal recognition of a right to die demonstrate the need for legal change to make the law more compassionate. After introducing conflicting definitions of dignity and the human rights conflict behind a right to die, this article engages with a new idea, which strengthens the claim for the legalisation of assisted dying: relational dignity. While the permissibility of assistance to die is a global issue, this article will specifically focus on England and Wales.
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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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Al-Daraweesh, Fuad. "Teaching Human Rights: Toward a Kingdom of Ends." Education Sciences 10, no. 4 (2020): 107. http://dx.doi.org/10.3390/educsci10040107.
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The author argues that the current practices of human rights education produce anti-educational orthodoxies that result from a divorce between human rights and human rights education and human dignity, moral autonomy, and the right to justification.
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Jeon, Chan-Hui. "Human Dignity and the Right of Pursuing Happiness." Journal of the Korea Contents Association 10, no. 4 (2010): 317–26. http://dx.doi.org/10.5392/jkca.2010.10.4.317.
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Turnbull, Ann, and Rud Turnbull. "Right Science and Right Results: Lifestyle Change, PBS, and Human Dignity." Journal of Positive Behavior Interventions 13, no. 2 (2010): 69–77. http://dx.doi.org/10.1177/1098300710385347.
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Sun, Haochen. "Reinvigorating the Human Right to Technology." Michigan Journal of International Law, no. 41.2 (2020): 279. http://dx.doi.org/10.36642/mjil.41.2.reinvigorating.
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The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it. It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet in this age of technology, the right to technology remains obscure, dormant, and ineffective. No other human right has received such scant attention, and the right to technology has indeed become an “orphan” in the international human rights regime. This article traces the origins of society’s disregard for the right and attributes it to the confluence of three main contributing factors: (1) the right’s inherent obscurity, (2) the ineffective human rights enforcement system, and (3) the international community’s overemphasis on intellectual property protection. The current human rights regime is unable to sufficiently address these complex factors, as it remains deeply rooted in the individual rights system and lacks a fully-fledged distributive justice vision. Against this backdrop, this article reinvigorates the right to technology by recommending its protection as a collective right. It considers how and why the right to technology should be redefined as a collective right that entitles people to enjoy the benefits of technological progress and minimizes the harms that such progress may cause. A collective right to technology can protect both larger societal interests in maintaining public freedom and dignity, as well as specific group interests in guarding against the use of technologies to prejudice group freedom and dignity. This new understanding of the right to technology, therefore, sets distributive justice agendas for promoting the development of intellectual property law into the public interest.
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Steinmann, AC (Rinie). "THE CORE MEANING OF HUMAN DIGNITY." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (July 25, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1244.
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The concept of human dignity is relatively new in international and domestic constitutional law. Dignity is protected as a value or a right, or both, in international law and many domestic jurisdictions. It is difficult to define human dignity in a legal context, as the concept is not defined in the first international document which recognizes inherent human dignity and the protection thereof, the Universal Declaration of Human Rights (1946) and many international (and national) documents enacted thereafter. Despite dissensus regarding the widespread use of the concept, dignity has come to display three elements in constitutional adjudication post World War Two: the ontological element which entails that human beings have equal inherent human dignity that cannot be waived or diminished; the second element being the claim that inherent human dignity has to be recognised and respected; and the limited-state claim as the third element which entails that states have a positive obligation to progressively realise human dignity through the mechanism of socio-economic rights. It is widely accepted that these elements root in Kantian moral ethics which holds that man's autonomy is based upon universal dignity, as a result of which man should never be used as a means to an end, but only as a means in himself. Kant expressed this idea through formulation of a categorical imperative, namely that everyone's inherent human dignity has to be respected and protected universally. The preamble of the Universal Declaration of Human Rights (1946), article 1(1) of the German Basic Law and section 10 of the Constitution of the Republic of South Africa, 1996 embody the elements of Kant's categorical imperative. As a result, the three elements are applied as a definitional term of human dignity in German and South African constitutional adjudication. Based on these elements, it can be argued that the current idea of universal inherent dignity, at least in German and South African law, comports with Kant's ideal that man should never be used as a means to an end.
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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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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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Guild, Elspeth. "The Right to Dignity of Refugees: A Response to Fleur Johns." AJIL Unbound 111 (2017): 193–95. http://dx.doi.org/10.1017/aju.2017.54.
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Fleur Johns' thesis about the increasing role of data in the verification of the condition of the world and how this impacts on international law is stimulating and bears reflection. This is an extremely interesting and innovative approach to the issue of data and its role in state engagement with mass migration. From the perspective of a scholar on international refugee law, a number of issues arise as a result of the analysis. One of the contested aspects of mass migration and refugee protection is the inherent inconsistency between two ways of thinking about human rights—the first is the duty of (some) international organizations to protect human rights in a manner which elides human rights and humanitarian law, and the second is the right of the individual to dignity, the basis of all human rights according to the UN's Universal Declaration of Human Rights of 1949. The first enhances the claims of states to sovereign right to control their borders (mediated through some international organizations), while the second recognizes the international human rights duties of states and international organizations to respect the dignity of people as individuals (including refugees). Fleur is completely correct that human rights abuses are at the core of refugee movements. While there are always many people in a country who will stay and fight human rights abuses even when this results in their sacrifice, others will flee danger trying to get themselves and their families to places of safety; we are not all heroes. Yet, when people flee in more than very small numbers, state authorities have a tendency to begin the language of mass migration. The right to be a refugee becomes buried under the threat of mass migration to the detriment of international obligations. Insofar as mass migration is a matter for management, the right of a refugee is an individual right to international protection which states have bound themselves to offer.
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Njoya, Wairimu. "Dignity as non-discrimination." Philosophy & Social Criticism 43, no. 1 (2016): 51–82. http://dx.doi.org/10.1177/0191453716645145.
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Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant (a right) to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship.
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Haqyar, Abdullah. "The Phenomenon of Human Rights from the Perspective of Islam and the West." Volume-2: Issue-3 (August, 2019) 2, no. 3 (2020): 1–7. http://dx.doi.org/10.36099/ajahss.2.3.1.
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The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.
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YAMELSKA, Khrystyna. "Formation of a human-centric approach to the prevention of torture in Ukraine." Economics. Finances. Law, no. 4/1 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(1).5.
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The paper is concerned with the role of key international human rights standards and soft law instruments of the Council of Europe in the preventing ill-treatment of persons deprived of their liberty in the context of the human centrist approach. The paper determine the purpose of the formation of human-centric legal ideology in Ukraine, which is the creation of a mechanism of effective restriction of public power in the interests of protecting the fundamental rights. The paper is dedicated to the doctrine of human-centric legal ideology in Ukraine and its human dignity key element. Considering the fact that the process of forming a democratic human-centric legal ideology in Ukraine is still not complete, the paper highlights the cases of mass violations of fundamental human rights by law enforcement agencies, where a special problem is the illegal practice of law enforcement agencies against human dignity. One of its case is the ill-treatment and use of torture against persons deprived of their liberty. The paper highlights the ways to protect the right to dignity through the prism of legislative activity of government bodies and advocacy of civil society institutions. The Article 28 of the Constitution of Ukraine, which establishes the right to respect for human dignity as one of the key values of the Ukrainian legal system, is revealed. The category of dignity is revealed through the prism of Articles 5 of the Universal Declaration of Human Rights of December 10, 1948, Articles 7 and 10 of the International Covenant on Civil and Political Rights of December 16, 1966 and Article 3 of the European Convention on Human Rights of November 4, 1950. Judgments of the European Court of Human Rights, acts of the European Committee against Torture.
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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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Reimers, Adrian J. "“Inflation” of Human Rights. John Paul II and human rights." Legal Culture 1, no. 2 (2019): 32–44. http://dx.doi.org/10.37873/legal.2018.1.2.21.
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One of the central principles of modern political philosophy, dating from the time of John Locke, is that of human rights. Locke characterized a right as something pertaining to the individual human being as free and equal to every other human being. To this notion of inherent rights, John Stuart Mill added that a right must be something in virtue of which a person can make a claim on another or on the state. Third, the modern notion of right presupposes the concept of dignity. In contemporary societies, we are witnessing an inflation of rights, which raises two questions: 1) are new rights truly being discovered, and 2) how can we discern the legitimacy of these rights? J. S. Mill’s utilitarianism holds the touchstone of good and evil to be individual happiness, and that over his own self the individual is sovereign. From this it follows that only the individual can know what is his own true good. Therefore, he ought to expect that society will support or at least not interfere with his own attainment of his good as he conceives it. Therefore “my” rights must encompass that “I” recognize to be my own needs. Others are responsible to grant to the sovereign individual those rights that he claims. From such a principle follows the rights to personal sexual satisfaction, suicide, and to marry another of one’s own sex without public disapproval. Paradoxically, this inflation of rights is supported also by the quasi-Marxist notion that different classes of persons are inevitably opposed to each other and that for their protection the prerogatives of different groups must be recognized as rights.To avoid and correct this inflation it is necessary to develop a richer anthropology to found the concept of human dignity and, consequently, rights. Following the example and thinking of Pope John Paul II, we propose a reexamination of Mill’s claim that a right necessarily entails some well-defined claim on another personor entity, and that a right is not so much a legal claim as a claim upon conscience.
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Chernysh, Mikhail F. "Conceptual Foundation of Social Policy: Dignity, Justice, Equality." Sociological Journal 26, no. 1 (2020): 8–30. http://dx.doi.org/10.19181/socjour.2020.26.1.7051.
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Modern sociology places dignity and justice at the center of social debate. In estatebased societies only the aristocrats possessed the right to dignity and honor. The article analyzes these concepts as elements of the general structure of meaning underlying the institutions of modern societies. However, the progress of society conducive to their entry into the state of modernity the right to dignity kept extending towards an ever greater number of citizens. Dignity became an element of the policy of equality that tended to override the line of distinction charted by estates or other social subjects. In the early years of equalization policy, the struggle of dignity and equality assumed the form of recognition of the so-called natural rights of man, that constituted the essence of human condition. The idea of natural rights led to a debate and later to policy measures that resulted in the modern concept of citizenship. The latter asserted the right of every human being to dignity, equality before law and freedom to engage in productive, entrepreneurial activity without interference from other actors of political or economic life. The idea of equality, embedded in citizenship, came to be expressed in the policy of inclusion that overcame social prejudice and consequently in policies that extended political recognition to ever wider social groups. In the 20th century the egalitarian policy led to a wider scope of social rights that were regarded as a necessary condition of social justice and human independence. At present the principles of dignity and justice are implemented in social policy as acquired “capabilities” — a sum of life forces and means that allow citizens to uphold their citizenship regardless of the conditions in which they find themselves. Inclusion turns into the main vector of social policy, setting out to endow citizens with equal rights and resources that are necessary for their implementation.
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Zendeli, Emine. "The right to education as a fundamental human right." Contemporary Educational Researches Journal 7, no. 4 (2017): 158–66. http://dx.doi.org/10.18844/cerj.v7i4.2718.
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The right to education is a fundamental human right proclaimed by Articles 13 and 14 of the United Nations International Covenant on Economic, Social and Cultural Rights (1966). Ratifying this document, state parties fully agree ‘that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms’. The right to education is considered as a fundamental human right in a series of other 20th century international documents, which guarantee and protect this right for everyone, irrespective of race, colour, religion, gender, social status, etc. This paper aims to respond to questions on the observance of this right and whether it has been limited. The research is based on international documents that regulate this specific category, as well as on the respective legislation and practice within educational institutions in the Republic of Macedonia.
 Keywords: Education, fundamental human rights, covenant, law.
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Perry, Michael J. "Liberal Democracy and the Right to Religious Freedom." Review of Politics 71, no. 4 (2009): 621–35. http://dx.doi.org/10.1017/s0034670509990714.
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AbstractThe Roman Catholic Church was famously late to embrace the right to religious freedom. Some have plausibly maintained that when, in 1965, the cardinals and bishops at the Second Vatican Council overwhelmingly adopted the Declaration on Religious Freedom—known by the first two words of its official Latin version: Dignitatis Humanae—the church betrayed one of its most traditional and established theological teachings. The right to religious freedom, according to international law, rests in part on respect for human dignity. Thus there is a prima facie link between the liberal democratic justification and the church's 1965 justification. But, as I will argue, the appeal to human dignity is not a preserve of modern liberal democracy. Indeed, we can imagine a government that limits religious freedom because it wishes to save souls, and this precisely out of a respect for human dignity. A similar view was held by the pre-Vatican II church. Thus the appeal to human dignity is not evidence of a fundamental shift by the church. What then does account for the church's undeniable change of direction? Human dignity by itself cannot provide the fundamental justification for the right to religious freedom. Another ingredient is needed: distrust, born of long historical experience, of government authority to adjudicate questions of religious truth. The church in Dignitatis Humanae accepted this lesson of history, a lesson available to believers of a variety of stripes as well as nonbelievers.
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Coric, Dragana. "Right to be a parent with dignity as a new human right." Zbornik Matice srpske za drustvene nauke, no. 148 (2014): 491–97. http://dx.doi.org/10.2298/zmsdn1448491c.
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Today, to be a parent with full dignity means to have a lot more than one usually does in practice. The legislator sometimes, accidentally or intentionally, fails to regulate already existing social relations in an appropriate manner, or fails to regulate them at all. Also, the application of existing law is sometimes rather difficult, due to ignorance or inability of those who are supposed to apply the law in individual cases. That is mostly because they do not use the interpretation of the law as a mechanism to apply the law. That is why some initiatives were started in the past few years by the NGOs which have been involved in the program of providing better life for the parents in Serbia. After a short overview of those initiatives and author?s involvement in them, this paper will present a proposal for some new pronatalist measures that can establish a new human right (to be a dignified parent), even though the current laws provide sufficient conditions to make the parenthood work in practice.
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Koch, Traugott. "Menschenwürde als das Menschenrecht - Zur Grundlegung eines theologischen Begriffs des Rechts." Zeitschrift für Evangelische Ethik 35, no. 1 (1991): 96–112. http://dx.doi.org/10.14315/zee-1991-0115.
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Abstract On the basic of a critique of the conventional theological ethic it is shown that the unconditional dignity of every human being, independent of status, thought and religion is grounded theologically in the freedom offaith. Human dignity, however, is wholly inconceivable ifit does not include the right oflife and human rights for every human being also. From this principle a theological term of modern )formal< law is developed and a critical comment is given on the current debate on the various charters of human rights
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MOISEI, Heorhii. "Human Dignity as a Fundamental Right of a Person." European Journal of Law and Public Administration 5, no. 2 (2018): 23–33. http://dx.doi.org/10.18662/eljpa/39.
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Rakić, Branko. "Cultural heritage: Right, identity and dignity: Right of access to and enjoyment of cultural heritage as a human right." Socioloski pregled 54, no. 4 (2020): 1210–59. http://dx.doi.org/10.5937/socpreg54-30009.
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In international human rights law established after World War Two, one of cultural rights that has been traditionally most neglected out of five categories of human rights (civil, political, economic, social and cultural rights), is the right to participation in cultural life, while its segment, by the nature of things, is also the right of access to and enjoyment of cultural heritage. Although international human rights law thus establishes the basis for treating the right of access to and enjoyment of cultural heritage as a human right, international acts dealing with the matters of cultural heritage protection have had a long-prevailing approach in which cultural goods were protected because of their inherent value. It was only recently, with the emerging needs and interests in respect of the safeguarding of cultural diversity and protection of intangible cultural heritage, that the emphasis began to be placed on the relationship, including the legal one, between cultural heritage and human communities, groups and individuals with a special subjective attitude towards it. That is how the human-rights based system of cultural heritage protection was gradually established and the segment of international law dealing with human rights was brought closer to the segment dealing with cultural heritage. In order to consider a right as a human right, apart from the will of law-makers to be like that, it also requires the existence of certain values which constitute the basis for it and which should be safeguarded through the protection of that human right. An understanding deriving from a series of international legal acts and being widespread in theory is that, when it comes to cultural rights, including the right of access to and enjoyment of cultural heritage, such basis is constituted by identity, first of all cultural identity, and human dignity. Therefore, although the foundation is laid for the right of access to and enjoyment of cultural heritage to be treated as a human right, it is necessary to clarify and elaborate, at the legal level, a number of questions which should ensure effective enjoyment of this right. The task is in the hands of states, either as participants in the adoption of international law acts or as national law-makers, so the question remains open as to the nature of their attitude to further development of the human-rights based system of cultural heritage protection.
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Ifeakor, Chinedu, and Anselm Ikenna Odo. "RECOVERY OF HUMAN DIGINITY; KANTIAN CONSIDERATION." Jurnal Sosialisasi: Jurnal Hasil Pemikiran, Penelitian dan Pengembangan Keilmuan Sosiologi Pendidikan, no. 3 (March 30, 2021): 25. http://dx.doi.org/10.26858/sosialisasi.v0i3.19955.
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This paper tends to recover the dignity of human person using Kant’s view point. Human dignity has for long being in a state of pang. It has been in the lowest esteem in the contemporary society; human right abuses, depersonalization of man, and lack of human respect. The researchers adopt expository method in carrying out the work. The researchers conclude that human life is a phenomenon characterized by a high sense of uniqueness. Every human person ought to be properly treated with such uniqueness, bearing in mind that- all are one and the same people.This paper tends to recover the dignity of human person using Kant’s view point. Human dignity has for long being in a state of pang. It has been in the lowest esteem in the contemporary society; human right abuses, depersonalization of man, and lack of human respect. The researchers adopt expository method in carrying out the work. The researchers conclude that human life is a phenomenon characterized by a high sense of uniqueness. Every human person ought to be properly treated with such uniqueness, bearing in mind that- all are one and the same people. Keywords:Recovery, human person and dignity.
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Gur-Arye, Miriam, and Thomas Weigend. "Constitutional Review of Criminal Prohibitions Affecting Human Dignity and Liberty: German and Israeli Perspectives." Israel Law Review 44, no. 1-2 (2011): 63–89. http://dx.doi.org/10.1017/s0021223700000960.
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Criminal laws must conform to each state's constitutional law. In both Israel and Germany, the highest courts have ruled on the compatibility of criminal prohibitions with constitutionally protected rights. One recurrent issue is the relationship between criminal prohibitions and the right to liberty, which is constitutionally guaranteed in both countries. The authors show that there are clear parallels in the case law of Israeli and German courts with regard to liberty. Human dignity is likewise protected in both legal systems, although it plays a different role in each. Under article 1(1) of the German Basic Law, human dignity enjoys “absolute” protection, which leads to problems in defining human dignity and accommodating countervailing interests in individual cases. In Israel, by contrast, human dignity is placed on the same level as liberty in the constitutional hierarchy of rights and is not afforded any “special treatment” by the Supreme Court. The authors suggest an intermediate solution: human dignity should not be granted “absolute” protection but should be treated with the greatest respect when criminal laws are reviewed for their constitutionality.
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Goolam, Nazeem MI. "Human dignity - Our supreme constitutional value." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 4, no. 1 (2017): 42. http://dx.doi.org/10.17159/1727-3781/2001/v4i1a2879.
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As far as constitutional interpretation and statutory interpretation in general is concerned, South Africa is undergoing a transformation from a formal, positivistic vision of law to a substantive, natural law vision of law. And the single most significant factor in this transformation is the existence of constitutional values. For the first time in South Africa, courts (in particular the Constitutional Court) must decide cases on the basis of these values. It is therefore simply erroneous and naive to say that 'the Constitutional Court has been so fixated with the role of 'values' in the first year of its existence' and that the court is 'obsessed' with the role of 'values'. Of these values, the three most fundamental in any open and democratic society are human dignity, equality and freedom. Amongst this trinity of values human dignity finds pride of place. Some of the pertinent questions briefly addressed in this article are: (1) What does human dignity entail?; (2) Is human dignity a right or a duty?; (3) How should it be understood in a plural society such as ours?; (4) What about the impact of modern technology on human dignity?; (5) Is our understanding of the concept/value/idea of human dignity not too European/Western in nature? For example, the issue of gays and lesbians is a human rights and human dignity question in the West, while other cultures find homosexuality abhorrent and uncivilized; and (6) Should we explore a religious and spiritual philosophy of human dignity?
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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>