DOUBEK, Pavel. Human Dignity as a Criterion of Democracy. Online. In Universiti Malaysia Sarawak. 3rd International Conference on Elections and Democracy 2017 - Does Democracy have a future? Kuching, Sarawak: Universiti Malaysia Sarawak, 2017, p. 368-384.
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Basic information
Original name Human Dignity as a Criterion of Democracy
Name in Czech Lidská důstojnost jako kritérium demokracie
Authors DOUBEK, Pavel.
Edition Kuching, Sarawak, 3rd International Conference on Elections and Democracy 2017 - Does Democracy have a future? p. 368-384, 17 pp. 2017.
Publisher Universiti Malaysia Sarawak
Other information
Original language English
Type of outcome Proceedings paper
Field of Study 50500 5.5 Law
Country of publisher Malaysia
Confidentiality degree is not subject to a state or trade secret
Publication form electronic version available online
WWW Researchgate webside
Organization unit Faculty of Law
Keywords in English democracy; human dignity; public interest; sterilisation; vaccination; eugenics
Changed by Changed by: Mgr. Pavel Doubek, Ph.D., učo 325908. Changed: 1/12/2017 11:26.
Abstract
Legal and social science describe democracy with its basic elements, for example the distribution of state power, pluralism, elections, liberty, equality, human rights, protection of minorities. The character of democratic society (and thus the distinction between democracy and totalitarianism) can be seen also in the relation between the state and the individual. When the state works for the individual and respects his or her choices, we can say that this state should be democratic. On the other hand, if the state is ignorant to the wishes and desires of its own citizens and treat the individual rather as object of state interests than as an independent human being, we should be very reluctant to consider that state as democratic. It should be noted, however, that the distinction is not always that clear. The conception of modern democratic state requires that the state should be govern by the principle of rule of law and should respect, protect and fulfil the fundamental human rights and basic freedoms of every human being, which means that state should above all be respectful to the right of everyone to make autonomous decisions about one‘s life. In this paper I wish to focus on conception of human dignity and autonomy of a will of a person with respect to his or her right to physical integrity covered by Article 3 and 8 of the European Convention on Human Rights. I will analyse the law and practice of involuntary sterilization of Roma women in Czechoslovakia during the Communist regime and non-consensual vaccination policy in contemporary Czech law. On these two examples we will see the different state approach to the rights of the most vulnerable people, which helps us to understand better the values on which democracy is built and also the distinction between democracy and totalitarianism.
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