Human Dignity from Inherent to Constitutional Value

Irina Krylatova,F.V Fetyukov

doi:10.1051/shsconf/202213400061

Abstract

Human dignity is the nature of a human being. It became a modus of human existence, which differentiates humans from other biological species. Human life and human dignity are declared the priority values in international conventions and declarations. Intrinsic character of human dignity was the forerunner for the development of the new multidiscipline named bioethics in the XX century. This article begins with the basics of international regulations in the field of human dignity, definitions, analysis of main characteristics and doctrines of human dignity, inherent values and constitutional values. Further the author stresses the importance of understanding the meaning of inherent human dignity in connection with manipulations with somatic rights. The author concludes that the lack of human life and human dignity evaluation is the main point of the core principle of inherent human dignity based on personal selfawareness. In this regard the article focuses on the statement that human dignity should be an absolute value based on bioethical principles. Then the author goes on to compare constitutional values and human dignity as a value. The research is concluded with the suggestion that inherent human dignity is a base of constitutional values in the particular field of legal relations. In addition, inherent dignity may be the framework of constitutional values.

Highlights

Almost all the basic international conventions and declarations appeal to the inherence of human dignity
The notion of human dignity is inseparably connected with the cornerstones of modern human rights thinking – that is the United Nations Universal Declaration of Human Rights of 1948 (UDHR), together with the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights in 1966
The Preamble of the Universal Declaration of Human Rights (1948) (UDHR) proclaims that “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... the General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations”

Summary

Introduction

Almost all the basic international conventions and declarations appeal to the inherence of human dignity. The Convention on Human Rights and Biomedicine shifts the focuses: human dignity still exists as a universal standard and value but at the same time the Convention underlines the biological nature of human dignity. In 1997 the Universal Declaration on the Human Genome and Human Rights, 1997 confirmed the worry of international law society and remarked that “the recognition of the genetic diversity of humanity must not give rise to any interpretation of a social or political nature which could call into question ‘the inherent dignity”.

Results

Conclusion