Nature of dignity and human dignity

Human Affairs ◽  
2017 ◽  
Vol 27 (2) ◽  
Author(s):  
Vasil Gluchman

AbstractThis paper argues that the concept of dignity should be understood as a concept that we use to describe an aggregate of values and qualities of a person or thing that deserves esteem and respect. The primary value that creates the right to have dignity is life. The degree of dignity a life form has depends on its place in the evolutionary scale. Human beings are the highest form of life so they possess the highest degree of dignity.

Author(s):  
Gerald McKenny

Does theological ethics articulate moral norms with the assistance of moral philosophy? Or does it leave that task to moral philosophy alone while it describes a distinctively Christian way of acting or form of life? These questions lie at the heart of theological ethics as a discipline. Karl Barth’s theological ethics makes a strong case for the first alternative. This book follows Barth’s efforts to present God’s grace as a moral norm in his treatments of divine commands, moral reasoning, responsibility, and agency. It shows how Barth’s conviction that grace is the norm of human action generates problems for his ethics at nearly every turn, as it involves a moral good that confronts human beings from outside rather than perfecting them as the kind of creature they are. Yet it defends Barth’s insistence on the right of theology to articulate moral norms, and it shows how Barth may lead theological ethics to exercise that right in a more compelling way than he did.


Author(s):  
Abdullah Haqyar

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.


Author(s):  
M. Kravchenko

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.


2018 ◽  
Vol 28 (3) ◽  
pp. 283-289 ◽  
Author(s):  
Paulo André Stein Messetti ◽  
Dalmo De Abreu Dallari

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.  


2006 ◽  
Vol 39 (2) ◽  
pp. 110-126 ◽  
Author(s):  
Christian Starck

The German Constitution guarantees freedom of scientific research. This guarantee raises questions, such as its legal definition and scope, as well as possible conflicts with other constitutional rights. This Article suggests that in order to have normative legal consequences, the constitutional concept of science must have an ethical dimension—the importance of the value of research and research for nonbiased “truth.” Such an ethically-loaded definition of science gives rise to internal restrictions, by placing forgery, manipulation, plagiarism and other forms of improper scientific practice outside the scope of constitutional protection. Restrictions to constitutional protection can also be derived from other constitutional rights, such as the right to privacy, environmental protection, and the life and health of others. Another arguably important restriction is derived from the right to human dignity, particularly as it touches upon biomedical questions of human cloning and embryo research. This paper argues that the Kantian proscription of treating human beings as a means to an end, which lies at the heart of the right to human dignity, imposes significant restrictions on current trends in biomedicine. These restrictions warn against an implicit utilitarianism that devalues the rights of vulnerable human beings.


Author(s):  
Munif Mahadi Attamimi ◽  
Muhammad Hariyadi

The conclusion of this study explains the nature of human dignity inherent in it from birth and its chronological process. The Al-Qur'an explains in detail and sequentially that the glorification of human dignity occurs in several phases. The first is before his existence on earth (unseen world): when Allah wants to make a human caliph (ruler) on earth, he orders the angels to prostrate to Adam as a respect, excellence, exaltation and knowledge are taught as a whole. Second, when in the womb where the fetus is well cared for and is well cared for by getting nutritious food through the placenta. Third, when he is in the world, he is given a perfect body shape, makes it easy for him to control the land and sea, is given the right to manage the world and everything in it, is given good sustenance, and is honored by other creations of Allah SWT. Fourth, be glorified at the time of death, at funerals, and after death. To maintain and protect the dignity of human beings, Allah has prepared three important components for humans as a basis for protecting human rights (HAM), namely faith, law, and morals. The method used in interpretation related to this research is the thematic method or maudui 'which is combined with qualitative methods as a basis for library research, Al-Qur'an verses, hadith syarif, journals, articles, seminars, and conference proceedings.


2007 ◽  
Vol 51 (1) ◽  
pp. 24-39 ◽  
Author(s):  
Johannes Fischer

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.


2021 ◽  
Vol 5 (3) ◽  
pp. 189-214
Author(s):  
Sumera Rabia ◽  

Euthanasia is bioethical dilemma. Different countries are struggling for its legalization. The Proponents consider that Euthanasia is against the dignity of human being and everyone has right to relief his pain. They think that human beings have to live a life which is according to the standard of humanity but when a person suffers from a disease which is incurable, his standard of life goes down to a level which is not suitable for a human being. So in such condition they should have the right to end their lives with dignity. This paper basically deals with what is the concept of euthanasia? What is its history and what rationale does its proponents and opponents presents? This research is historical, analytical and descriptive. The views of both parties have been analyzed. The research shows that it is not a new phenomenon. Its roots are found in Greek period. Its proponents take it as a savior of human dignity and freedom. It’s the basic right of every human to decide about the end of his life. On the other side the opponents think that it is unethical and we don’t have a right to end our life as we are a part of big plan of God.


2015 ◽  
Vol 26 (3) ◽  
pp. 565-592
Author(s):  
Jan Müller

Ethical Naturalism attempts to explain the objective normativity effective in human practices by reference to the relation between a living individual and the life-form it exhibits. This explanation falls short in the case of human beings (1) - not merely because of their essential rationality, but because the idea of normativity implicit in practice is dependent on the form of normativity?s being made explicit (2). I argue that this explicit form of normativity?s force and claim - the law in general - implies a tension between an explicit norm?s claim to absoluteness and the particularity of the situational case it is applied to. This tension may seem to produce an inherent violence corrupting the very idea of objective normativity inherent in the human form of life (3); in fact, it shows that the human form of life is essentially political. That the human form of life is essentially political does not contradict the idea of objective normativity - provided that this objectivity is not derived from a conception of ?natural goodness?, but rather from the actuality of human practice and its principle, justice (4).


2008 ◽  
Vol 12 (1) ◽  
Author(s):  
Christine Geith ◽  
Karen Vignare

One of the key concepts in the right to education is access: access to the means to fully develop as human beings as well as access to the means to gain skills, knowledge and credentials. This is an important perspective through which to examine the solutions to access enabled by Open Educational Resources (OER) and online learning. The authors compare and contrast OER and online learning and their potential for addressing human rights “to” and “in” education. The authors examine OER and online learning growth and financial sustainability and discuss potential scenarios to address the global education gap.


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