Сосуществование человеческого достоинства и прав человека

Abstract

The article discusses the issues of the relationship between human dignity and human rights as a subject of philosophical and legal discussion, examines the problems of relations between law and morality in comprehending the dig­nity of the human person and human rights, reveals various sources of dignity, their significance for the modern understanding of dignity in scientific jurispru­dence and philosophy of law, a critical look at theological and secular, philo­sophical and legal sources; the role of abolitionism and philosophy of natural law and natural human rights in the development of an egalitarian understanding of human dignity, the relationship of human dignity and abilities, the conditions for their development as human potential is evaluated. Human dignity is identi­fied as a matrix of human qualities, which has a unique public law, philosophi­cal, ethical and existential status. In the triad of principles – the principle of hope, the principle of responsibility and the principle of dignity, the leading humanistic and existential, as well as integrating role is played by the principle of human dignity. The author reveals the problem of integrity and heuristic value of human dignity, the philosophical and legal significance of human dignity in the context of the provisions of the Universal Declaration of Human Rights. The purpose of the article is to identify the content of the problem of unity and differentiation of human dignity and human rights in the context of ethical, exis­tential, and legal dialogue; the importance of the constituent function of the dig­nity of the individual for the human rights system; the problem of positive and negative interdependence of human rights. The methodological basis of the ar­ticle was the discursive approach and critical rationalism in legal research, methods of dialectics and legal engineering; they allow us to determine the metaphilosophi­cal and meta-legal nature of human dignity, its gravitational role in the construction and development of both human rights and his abilities.