Abstract
Many modern legal systems declare, that protection of human dignity plays an important role in its construction. Therefore, a question may be asked if the concept of dignity is similar in different legal systems. The following paper presents the results of the research on human dignity concepts in reasoning of national (Polish and German Supreme Courts) and international courts (ICC, ECHR). Both national systems provide a constitutional protection of human dignity, Rome Statute, which constitutes the ICC, prohibits behaviours infringing dignity (model of Geneva Conventions), whereas the European Convention of Human Rights does not include the term “human dignity”, only prohibition of torture or “inhuman or degrading treatment”, what is understood as protection of dignity. On the basis of the research there could be stated, that each legal system has developed its own concept of human dignity, although all concepts have a similar core, as nearly all ways of understanding “protection of human dignity” are combined with a commitment to respect each person. This kind of respect could be assumed as a basis of human dignity protection.
Highlights
Human dignity is considered as one of the most precious values in the modern world
The following paper presents the results of the research on human dignity concepts in reasoning of national (Polish and German Supreme Courts) and international courts (ICC, ECHR)
Both national systems provide a constitutional protection of human dignity, Rome Statute, which constitutes the ICC, prohibits behaviours infringing dignity, whereas the European Convention of Human Rights does not include the term “human dignity”, only prohibition of torture or “inhuman or degrading treatment”, what is understood as protection of dignity
Summary
Human dignity is considered as one of the most precious values in the modern world. It is protected by a majority of legal systems, both national and international. The main question about “human dignity” is its unclear meaning and its position as an important value or basis of other rights2 According to this statement, human dignity should be protected in every possible situation, as an exception, so there should exist some rules of legal protection. In the following paper there will be presented the most important ways of understanding the term “human dignity” in the judgements of international criminal tribunals (ICC, ICTY, ICTR), the European Court of Human Rights and criminal chambers of supreme courts in Germany and Poland (Bundesgerichtshof and Sąd Najwyższy). Constitutional regulations in both countries protect human dignity. What does it mean for individuals, that their dignity is protected in criminal law? criminal cases are usually not the subject of constitutional court’s reasoning, but of state supreme courts – in the case of Germany and Poland – Bundesgerichtshof (BGH) and Sąd Najwyższy (SN) in their criminal chambers
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