Las agravantes de género del delito de homicidio en el Código penal argentino y la dignidad humana

Abstract

The value of human dignity is a core concept to limit the punitive power in the context of a State of law. In it, the respect of human dignity an unwavering starting point. When we inquire about it content, the human dignity gets identified with the equality or the autonomy. The human dignity is not a legal concept which can be expressed in specific rules. Foremost, it is a moral concept which has different levels of significance depending on its context and linguistic function. Thus, we will inquire about its meaning according to the Kantian ethic. The content of it will constitute the theoretical framework we will analyse from the gender-based aggravations of the criminal offence of homicide of the Argentinian Penal Code, being our main question: these aggravations contradict the concept of human dignity?.