scholarly journals Human Dignity and Its Premises in the Pandemic Crisis

2021 ◽  
Vol 8 (2) ◽  
pp. 01-14
Author(s):  
Gabriela Nemțoi
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Public Law ◽  
Moral Principle ◽  
Human Being ◽  
Philosophical Hermeneutics ◽  
Legal Recognition ◽  
Positive Law ◽  
Moral Content

Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.

scholarly journals Human Rights and Human Nature

2016 ◽  
Vol 28 (4) ◽  
pp. 523-534
Author(s):  
Jean Rhéaume
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Natural Law ◽  
Historical Context ◽  
Human Being ◽  
Positive Law

At least two important consequences follow from the fact that human rights are based on human nature. First, they exist according to natural law even in cases where positive law does not recognize them. Secondly, they cannot evolve because the nature and purpose of the human being does not change: only their formulation and level of protection in positive law can vary according to the socio-historical context.

scholarly journals Prawa i godność człowieka we współczesnej bioetyce

2004 ◽  
Vol 2 (1) ◽  
pp. 189-212
Author(s):  
Wojciech Bołoz
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Ethical Code ◽  
European Convention ◽  
Human Being ◽  
Application Of Law ◽  
Contemporary World ◽  
The World ◽  
Independent Life ◽  
The Way

In contemporary bioethics dominate two trends dealing with two basic ethical solutions. First of them is utilitarianism concerning utility as a criterion of judging between what is right and what is wrong. The second trend applies to human rights and human dignity, which are to be obeyed without any exceptions. Utilitarianism protects the strong and prosperous people in society and excludes those who are weak and not capable of independent life. The concept of human dignity protects each and every human being including the weakest ones. It is therefore characterized by real humanitarianism. In addition, it has one more outstanding virtue; in the contemporary world, it is the most widespread and understandable ethical code. It enables people of different civilizations to communicate with understandable ethical language. In the world constantly undergoing global processes, it is a great value. Although there are a number of discussions concerning the way of understanding human dignity and human rights, their universal and ethical meaning; there are certain international acts of law concerning biomedicine that support the concept of human dignity as the most adequate concept for the contemporary bioethics. As an example, the European Convention on Bioethics can be taken. The article includes the most significant topics concerning understanding, history, and application of law and human dignity in bioethics.

Law, Religion and Human Dignity in the Muslim World Today: An Examination of OIC's Cairo Declaration of Human Rights

2008 ◽  
Vol 24 (2) ◽  
pp. 569-597 ◽  
Author(s):  
Abdullah al-Ahsan
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Human Dignity ◽  
Civic Life ◽  
Human Being ◽  
Human Beings ◽  
Near Eastern ◽  
Intellectual Abilities ◽  
The World ◽  
Human Need

Human dignity is the recognition and respect of human need, desire and expectation one individual by another. This recognition is indispensable because no human being survives alone: Human dignity creates the foundation of society and civilization. Our knowledge of history suggests that religious ideas have provided this basic foundation of civilization. Describing the first recognized civilization in history one historian says, “Religion permeated Sumerian civic life.” According to another historian, “Religion dominated, suffused, and inspired all features of Near Eastern society—law, kingship, art, and science.” Based on these observations while defining civilization Samuel Huntington asserts, “Religion is a central defining characteristic of civilizations.”In Islam, the Qur’an declares that: “We have bestowed dignity on the progeny of Adam.” The verse then continues to remind the whole of mankind of God's special favor unto them with physical and intellectual abilities, natural resources and with superiority over most other creatures in the world. This dignity is bestowed through God's act of creating Adam and breathing into him His Own Spirit. Since all human beings originated from Adam and his spouse, every single human being possesses this dignity regardless of color, race, religion and tribe. The whole of mankind, as khalīfah (vice-resenf) is responsible for establishing peace on earth through divinely ordained values such as amānah (trust), ‘adālah (justice) and shūra (consultation).

scholarly journals Kant on Human Dignity: Autonomy, Humanity, and Human Rights

2019 ◽  
Vol 38 (1) ◽  
pp. 81-98
Author(s):  
Sunday Adeniyi Fasoro
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Categorical Imperative ◽  
Moral Principle ◽  
Special Importance ◽  
Human Beings ◽  
Left Behind ◽  
New Frontier ◽  
Kant's Ethics ◽  
Central Claim

This paper explores the new frontier within Kantian scholarship which suggests that Kant places so much special importance on the value of rational nature that the supreme principle of morality and the concept of human dignity are both grounded on it. Advocates of this reading argue that the notion of autonomy and dignity should now be considered as the central claim of Kant’s ethics, rather than the universalisation of maxims. Kant’s ethics are termed as repugnant for they place a high demand on the universalisation of maxims as a universal moral principle. As a result, they argue that there is an urgent need to rescue Kant’s ethics from the controversies surrounding maxims and universalisability, and the best way to rescue his ethics is by “leaving deontology behind”. It must be left behind because the categorical imperative is not needed in order to rescue Kant’s ethics, as deontology is often overrated. Consequently, the highest duties of the human being are to ensure that his fellow human beings enjoy unhindered autonomy and receive the honour that their dignity duly deserves, as well as to look after their welfare and treat them with respect, regardless of their dispositions. I review recent literature to appraise this new frontier within Kantian scholarship. I also explore the works of philosophers, such as Herman, Korsgaard, Wood, Höffe, and, specifically, Hill, on Kant’s conception of human dignity in relation to its conception as autonomy, humanity, and the source of human rights.

scholarly journals Godność ludzka a prawa człowieka w ujęciu Roberta Spaemanna

2020 ◽  
Vol 15 (1) ◽  
pp. 131-145
Author(s):  
Józef Kożuchowski
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Human Being

The article presents Robert Spaemann’s position on two directly related issues: human dignity and human rights. While Spaemann spoke directly about human dignity on many occasions, he raised the question of human rights, rather incidentally, in several contexts, especially the question of human dignity, in order to indicate the adequate source of the ideas underlying these rights (ontological dignity), its importance in our times, and to define some ways of implementing them. These issues are discussed in the article. The considerations are devoted predominantly to the problem of human dignity as a “pra-phenomenon.” The issue of dignity in the ontic sense (especially the assertion of what it is and what kind of argumentation supports its recognition in every human being) is discussed from the point of view of contemporary debates. The author also specifies how the inviolability of dignity, in both the moral and the ontic sense, should be understood, which is a problem Spaemann did not directly address.

The Participation of the Amicus Curiae Institution in Human Rights Litigation in Botswana and South Africa: A Tale of Two Jurisdictions

2015 ◽  
Vol 59 (2) ◽  
pp. 329-354 ◽  
Author(s):  
Obonye Jonas
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Public Law ◽  
Potential Usefulness ◽  
Amicus Curiae ◽  
Close Attention ◽  
General Lack ◽  
Protection Of Human Rights ◽  
Constitutional Jurisprudence

AbstractIt has become a standard feature of litigation for amici to appear before courts, acting as the vindicator of rights for the politically powerless and marginalized. Their appearance has thus contributed to the promotion and protection of human rights before municipal courts and international tribunals. They have done this through the submission of briefs that seek to broaden perspectives of cases and by advancing innovative legal and factual viewpoints, thus assisting the courts in reaching appropriate conclusions. In Botswana, amicus curiae participation is still at a nascent stage. This is largely due to inflexible rules of standing and the general lack of knowledge of the potential usefulness of the institution by the judiciary. This article argues that, to enhance amicus participation in litigation, thereby enhancing the epistemological quality of its public law jurisprudence, Botswana must pay close attention to the practices and experiences of South Africa where amicus participation has resulted in the phenomenal growth of constitutional jurisprudence.

Human Dignity and the Foundations of Human Rights

2013 ◽  
Author(s):  
John Tasioulas
Keyword(s):  
Human Rights ◽  
Human Nature ◽  
Human Dignity ◽  
Moral Status ◽  
Essential Role ◽  
Human Being ◽  
Human Beings ◽  
Trade Offs ◽  
In Virtue Of

This chapter investigates whether or not human rights are grounded in human dignity. Starting from an interest-based account of human rights, it rejects two objections to that account that have been pressed in the name of human dignity: the deontological and the personhood objections. More positively, it contends that human dignity is the equal moral status possessed by all human beings simply in virtue of their possession of a human nature, and that so understood, it has an essential role to play in grounding human rights, but that it can only play this role in tandem with universal human interests. In particular, human dignity is central to explaining both why humans can possess rights and why these rights are resistant to trade-offs. The chapter concludes with some reflections on the implications of this view for whether each and every human being possesses all of the standard human rights.

PACIENTO KONFIDENCIALIOS INFORMACIJOS TEIKIMO VALSTYBĖS INSTITUCIJOMS TEISINIS REGULIAVIMAS

2013 ◽  
Vol 23 (2) ◽  
pp. 5-13
Author(s):  
Giedrius Mozūraitis
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Human Dignity ◽  
Private Life ◽  
Constitutional Court ◽  
Human Being ◽  
Confidential Information ◽  
State Institutions ◽  
European Court ◽  
The Republic

The private life of a patient is protected by international and national legal acts, however, often the information on a patient’s health must be revealed to state institutions. The article reveals the jurisprudence of the Constitutional Court of the Republic of Lithuania in the field of the immunity of patients’ private life. Basing on legal acts, the practice of the Constitutional Court and the European Court of Human Rights, the doctrine of law, the basis of state institutions’ right to obtain confidential information on patients were analyzed as well as the forms and procedure of the provision of information. The analysis of cases is provided when health care institutions cannot provide confidential information on patients to state institutions. A conclusion is drawn that the state’s duty to ensure the protection of human dignity and security also means that state institutions and officers may not restrict human rights and liberties unfoundedly. In each case, a human being must be considered as a free person, whose dignity should be respected. State institutions and officers have the duty to respect human dignity as especial value. Violation of a person’s rights and liberties may violate a person’s dignity as well.

All in the (Human) Family? Species Aristocratism in the Return of Human Dignity

2016 ◽  
Vol 45 (6) ◽  
pp. 749-771 ◽  
Author(s):  
Diego Rossello
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Unintended Consequences ◽  
Human Being ◽  
Human Family

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.

scholarly journals THE PROBLEMS OF HUMAN DIGNITY AND HUMAN RIGHTS IN THE CONTEXT OF BIOETHICS

wisdom ◽  
2018 ◽  
Vol 11 (2) ◽  
pp. 33-41
Author(s):  
Tatevik Pirumyan
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Universal Declaration ◽  
European Convention ◽  
Human Being ◽  
Nuremberg Code ◽  
Declaration Of Helsinki ◽  
International Conventions ◽  
Globalized World ◽  
Declaration Of Geneva

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

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