Adobe Systems
Human Dignity


Adobe Systems
Basic underlying principles of human rights
̶Freedom (liberty)
̶Equality
̶Dignity
̶These principles are complementary (but it may be argued that dignity is the most complex one),
but there may be conflicts between them or their individual aspects.

Adobe Systems
The Philosophical Background of Human Dignity
̶Kant – Human Dignity: „Act in such a way that you treat humanity, whether in your own person or in
the person of another, always at the same time as an end and never simply as a means."
(anti-utilitarian?)
̶Human Dignity is connected to the nature of a human being and is unseparable.
̶It has been described by many as „a right to rights“, „article of faith of a civil religion“ etc.
̶

Adobe Systems
Where do we find it?
̶UDHR Preamble: „Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice and peace in the
world…“, „faith in fundamental human rights, in the dignity and worth of the human person…“
̶UDHR Art. 1: „All human beings are born free and equal in dignity and rights.“
̶Preamble of the ICCPR (the ICCPR begins its preamble with the acknowledgment that the rights
contained in the covenant “derive from the inherent dignity of the human person.”)
̶NOT in the ECHR. Why?
̶

Adobe Systems
The Nature of Dignity
̶Right?
̶Principle?
̶Value?
̶Perhaps a combination of those? An underlying principle which provides a basis for more specific
human rights. It might be considered a „compressed substance of human rights“.

Adobe Systems
Barak’s Concept
Four aspects of human dignity
̶1) Recognition as human being (equality)
̶2) Freedom of will (self-determination or autonomy)
̶3) Welfare
̶4) Ends, not means (object theory)

Adobe Systems
The Aspects of Human Dignity
̶A relatively vague concept
̶Connected to:
̶Right to life,
̶Prohibition of Torture,
̶Right to privacy, bodily integrity and self-determination,
̶Prohibition of Discrimination,
̶(Social Rights?)
̶Etc.

Adobe Systems
Subjective or objective? Protecting dignity against the will of an individual?
̶
̶Human dignity vs. contractual freedom
̶Peep show case, Dwarf tossing, Prostitution, Laser game,
̶What quallifies as „(free) will“?
̶Is there an objective standard of human dignity?
̶

Adobe Systems
Prohibition of Torture
̶Content – Art. 3 ECHR, 1984 Convention against torture
̶Specifics: Absolute nature?
̶Case to discuss: Gafgen v. Germany