scholarly journals How the dignity was understood in law in past and how it should be today

2021 ◽  
Vol 11 (special) ◽  
Author(s):  
Michał NAJMAN

In the current legal discourse, the concept of dignity is becoming more common. It is considered the highest axiom, which every violation deserves to be condemned. However, we forget about the conceptual basis of a given concept, its history and original overtones. We do not remember that certain concepts are created solely to systematize the created or existing social and political situations. The purpose of the article is to attempt to answer the question of how to understand the concept of dignity in legal discourse. It is worth bearing in mind that dignity is indicated as "this" (value or maybe something else) from which human rights originate. That is why it should be rejected as a value because the value itself is not a value. However, one must opt for an objective understanding of dignity, rejecting its moral background proposed, among others by the doctrine of the Catholic Church, if we want to treat it as a legal category.

Author(s):  
Mykhailo Shumylo

The social doctrine of the Catholic Church is an indication of the active involvement of the Church in disseminating the ideas ofthe welfare state and it reflects its attempts to establish ideals of the welfare state through an external influence on the ideology of countriesthat belong to Christendom.Furthermore, one cannot ignore the fact that encyclicals had a direct or indirect influence on the adoption of the first social protectionacts in Catholic Europe where encyclicals played an important role.As a result, the Holy See aligned itself with the labour movement.Considering the fact that papal encyclicals covered the entire Catholic World, these documents can be viewed as an example ofinternational soft law.The first social rights, principles, and values in the area of social protection were enshrined in the encyclicals.Social rights belong to second-generation human rights the legal basis for which comprises international instruments adoptedafter the Second World War (the Universal Declaration of Human Rights (1948), the Convention for the Protection of Human Rightsand Fundamental Freedoms (1950), the International Covenant on Economic, Social and Cultural Rights (1966), the European SocialCharter (Revised) (1965–1996), the European Code of Social Security (1964), meaning 50 years after these rights were enshrined inpapal encyclicals.There is an indisputable fact that has still not been discussed in scientific research on social protection and according to whichthe social doctrine of the Catholic Church can be viewed as an inherent part of the process of occurrence, formation, and developmentof social protection, and it can be regarded as an ideological framework, a source of social rights and principles of social protection.Considering the above-mentioned findings, the social doctrine of the Catholic Church can be defined as the body of legislationadopted by the Holy See regarding the status and development of social and labour rights, their place in a person’s life and in publiclife. Papal encyclicals form the basis of that legislation and they are addressed to believers, bishops, and archbishops.


2018 ◽  
Vol 65 (1) ◽  
pp. 62-78 ◽  
Author(s):  
Giuseppe Giordan ◽  
Siniša ZrinŠČak

This article analyses the responses of the Catholic Church in Croatia and Italy to the refugee crisis, particularly the churches’ discourses on human rights issues and positions in public debates on refugees and migrants. Although both Catholic churches followed the Church’s teachings on ‘strangers’, associated with providing concrete help to people in need, the Catholic Church in Croatia pursued what can be classified as a charitable approach, while the Catholic Church in Italy followed solidarity and utilitarian approaches. Equally, the Catholic Church in Croatia remained a silent public actor in the refugee crisis, while the Catholic Church in Italy became a prominent actor in public debates, engaging with human rights discourses. The selective and ambivalent uses of human rights discourses emerged as a factor in understanding these two churches’ different positions on refugees and migrants.


1990 ◽  
Vol 32 (4) ◽  
pp. 67-122 ◽  
Author(s):  
Miguel Carter

The Coup d'Etat that overthrew General Alfredo Stroessner on the second night of February 1989 signaled the beginning of a new era for Paraguayan politics and the close of another chapter of Latin American caudillismo. He was replaced by General Andrés Rodríguez, Paraguay's second most powerful figure, in what was, in effect, a “palace coup.” General Rodríguez startled the nation by issuing a proclamation that called for (a) democratization of Paraguay, (b) full respect for human rights, and (c) restoration of the badly damaged relations with the Catholic Church. The proclamation ushered in a series of events which amazed the populace even more: opposition leaders — once banned and exiled by the Stroessner regime — were embraced and greeted by longtime adversaries; dozens of prominent exiled figures returned to find an enthusiastic atmosphere; political prisoners were freed; while corruption and torture became the subject of national debate as people sought both to uncover, and to bury, the legacy of the Stroessner years.


2020 ◽  
Vol 10 ◽  
Author(s):  
Madelyn Evans

Since the earliest days of colonization, religion – in particular, the Roman Catholic Church – has been a driving force in the Latin American politics, economics, and society. As the region underwent frequent political instability and high levels of violence, the Church remained a steady, powerful force in society. This paper will explore the relationship between the Catholic Church and the struggle to defend human rights during the particularly oppressive era of bureaucratic-authoritarianism in Latin America throughout the 1960s–1980s. This paper seeks to demonstrate that the Church undertook the struggle to protect human rights because its modernized social mission sought to support the oppressed suffering from the political, economic, and social status quo. In challenging the legitimacy of the ruling national security ideology and illuminating the moral dimensions of violence, the Catholic Church became a crucial constructive agent in spurring social change, mitigating the effects of violence, and setting a democratic framework for the future.


2017 ◽  
Vol 3 (2) ◽  
Author(s):  
Reginald Alva

The Catholic Church maintains that the Imago Dei is the ground for human dignity. The secular world, too, endorses human dignity as the foundation for human rights without referring to Imago Dei. The Catholic Church and the secular world both agree on the importance of human dignity, even though they differ on their views about the source of human dignity. In this paper, we shall examine if human dignity can be the basis of a fruitful dialogue between the Catholic Church and the secular world in order to make our world a better place to live. The primary resources for our study are the Church documents on human dignity, and the opinions of distinguished thinkers on the need to promote a culture of dialogue between religions and secular world.


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