scholarly journals The Constitutional Principles of Human Dignity, Freedom and Equality as Fundaments of Horizontal Efficacy of The Fundamental Rights

Author(s):  
Rodrigo Espiúca dos Anjos Siqueira ◽  
Thaís Janaina Reckziegel
2016 ◽  
Vol 9 (6) ◽  
pp. 68
Author(s):  
Ahmad Purebrahim ◽  
Iraj Goldozian

Human dignity, and respect and commitment to it, is considered as one of fundamental principles of divine religions and international instruments on human rights. Benefit from valuable moral and theological virtues in order to provide of human growth and development exclusively is in the light of fundamental rights and the principle of preserving human dignity. Accordingly, today the concept of human rights and commitment to follow it in the international and national legal systems has a very important position. Rejection of all forms of exploitation humiliation and torture is one of the first underlying layer of human rights which known as negative human rights or social Don'ts. Although as the interpretation of the famous French philosopher Jean-Jacques Rousseau in the eighteenth century, human is born free but in the process of social life and adapting to social situations in different ways to be distracted from their pure nature. Countless people in the world today are subject to oppression, even are subject to varying degrees of slavery instances including humiliation and degradation and prostitution. This research attempts to analyze the irreparable consequences of this phenomenon on human society, and also to look beyond national and transnational criminal measures and policies on this phenomenon.


2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 


2018 ◽  
Vol 2 (2) ◽  
pp. 91-111
Author(s):  
Ana Paula Barcellos

The paper deals with a situation that perhaps represents one of the most radical and profound challenges to the claim that contemporaneous western societies – and Brazilian society in particular – share the values concerning equality and essential or ontological dignity of mankind. It is an attempt to investigate how Brazilian society, immersed in a context of fear as a result of urban violence, deals with its prison population. This paper is divided into three main parts. Part one deals with a situation of fact: traditional, ongoing, generalized, serious and practically institutionalized violation of the fundamental rights of prison inmates in Brazil. This situation of fact easily leads one to conclude that inmates in Brazil are not treated like human beings (and are probably not even considered as human beings). Part two is an attempt to examine some possible explanations of why this situation exists. In part three, the paper tries to suggest that there is a connection between how prisoners are treated and the current level of urban violence in Brazil as a contributing factor. Considering that neither the principle of human dignity nor the actions of the legal system have been able to change the scenario that has built up in recent decades, perhaps it would be useful to suggest that inhumane treatment of inmates is not just a problem restricted to prisons: society as a whole receives the effects of this policy in the form of more violence. 


ICL Journal ◽  
2017 ◽  
Vol 11 (1) ◽  
pp. 139-151
Author(s):  
Tímea Drinóczi

Abstract The Constitutional Court declared in its ruling 22/2016 (XII 5) that by exercising its competences, it can examine whether the joint exercise of competences under Article E) (2) of the Fundamental Law of Hungary infringes human dignity, other fundamental rights, the sovereignty of Hungary, or Hungary’s self-identity based on its historical constitution.


Author(s):  
Catherine Dupré

This chapter argues that human dignity has a number of established and significant legal meanings and considers how the concept has been constructed. Using the provisions on human dignity enshrined in the European Charter of Fundamental Rights as an example of a recent legal formulation of human dignity in Europe, the chapter considers four key questions, namely what human dignity is, who makes human dignity, when human dignity emerged as a legal concept and why human dignity has been used as a legal concept. It is argued that understanding human dignity involves considering a range of possible answers to these questions. Methodological awareness of this plurality of narratives and narrators gives dignity its dynamism and usefulness as a legal concept.


2020 ◽  
Vol 30 (1) ◽  
pp. 121-143 ◽  
Author(s):  
Lexo Zardiashvili ◽  
Eduard Fosch-Villaronga

AbstractHealthcare robots enable practices that seemed far-fetched in the past. Robots might be the solution to bridge the loneliness that the elderly often experience; they may help wheelchair users walk again, or may help navigate the blind. European Institutions, however, acknowledge that human contact is an essential aspect of personal care and that the insertion of robots could dehumanize caring practices. Such instances of human–robot interactions raise the question to what extent the use and development of robots for healthcare applications can challenge the dignity of users. In this article, therefore, we explore how different robot applications in the healthcare domain support individuals in achieving ‘dignity’ or pressure it. We argue that since healthcare robot applications are novel, their associated risks and impacts may be unprecedented and unknown, thus triggering the need for a conceptual instrument that is binding and remains flexible at the same time. In this respect, as safety rules and data protection are often criticized to lack flexibility, and technology ethics to lack enforceability, we suggest human dignity as the overarching governance instrument for robotics, which is the inviolable value upon which all fundamental rights are grounded.


2003 ◽  
Vol 4 (6) ◽  
pp. 533-539
Author(s):  
Craig Smith

Article 1 is the Basic Law's crown. The concept of human dignity is this crown's jewel: an interest so precious that the state must affirmatively protect and foster its inviolability. This uniquely important status is evident from human dignity's prominence in the constitution, the early Federal Republic's pressing need to repudiate the Third Reich, the many judicial and scholarly exegeses of Article 1, and human dignity's unique claim to absolute protection. The success of the German legal construct of human dignity also is apparent from its influence on the European Union's Charter of Fundamental Rights. That document likewise begins with a provision nearly identical to the Basic Law's Article 1.


Author(s):  
O. Kosilova

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.


Author(s):  
Melanie Studer ◽  
Kurt Pärli

In Switzerland, the participation in certain work programmes is an eligibility criterion to social assistance benefits and the constitutionally granted right to the financial means required for a decent standard of living. This chapter examines whether the implementation of these programmes is in accordance with fundamental rights and more precisely, whether they respect the normative framework elaborated in Chapter 4. As will be shown, the right to financial assistance when in need has close links to human dignity. Therefore, the evaluation of the mentioned work programmes against the human rights background leads to some critical conclusions on their compatibility with international human rights law in general and human dignity in particular. Especially, the authors argue that the Swiss Federal Supreme Court’s case law lacks a comprehensive approach for the evaluation of human rights infringements in this context.


2021 ◽  
Author(s):  
Elinda dwi sari

Human rights are fundamental rights and freedoms for all people, regardless of nationality, gender, gender, national or ethnic origin, race, religion, language or other status. Two values form the basis of the concept of human rights. The first is “human dignity” and the second is “equality”. Human rights are actually a (experimental) definition of the basic standards necessary for a dignified life. This paper was written to present information on human rights (HAM). The results of this discussion are Human Rights and Health Rights to Food.


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