The Existential Dimension of the Universal Declaration on Bioethics and Human Rights

Abstract

This article explores the evolution of values and meanings of basic concepts of humanism in the second half of the 20th century and the beginning of the 21st century. The author analyses such fundamental philosophical notions as the nature and existence of man, human rights, freedom, will, and justice. Comparative analysis of the two most important documents in this field, namely the Universal Declaration of Human Rights and the Universal Declaration on Bioethics and Human Rights, shows a conceptual shift in the aforementioned topic. One of the main reasons for such a shift is the introduction in the Universal Declaration on Bioethics and Human Rights of the notion of ‘existence’ as being necessary for the description of human abilities. Also worthy of attention is the approach to justice described by means of awareness. Such notions are absent in the Preamble of the Universal Declaration of Human Rights, suggesting that a new understanding of the phenomenon of man has emerged in the past half-century, thus distinguishing one document from another. The article also analyzes the controversy between J.-P. Sartre and M. Heidegger which played a key role in rethinking humanism as a philosophical concept and value system. Sartre reasonably rejects the identification of existentialism as a pessimistic worldview, arguing that the doctrine of human subjectivity is humanistic in nature. In turn Heidegger highlights the ontological nature of all historical types of humanism, showing their dependence on the metaphysical context. The article discusses the notion of maintaining the universalist perspective, in order to better understand the idea of human rights in a new interpretation through the prism of the philosophy of existence. The conclusion drawn outlines the relevance of an in-depth philosophical interpretation of the basic concepts of bioethics and law.