Protection Of Dignity Research Articles

TO THE ISSUE OF PROTECTING THE RIGHTS OF CHILDREN IN THE CONDITIONS OF MARTIAL LAW

The aim. The purpose of this study is to conduct an analysis of violations of children's rights in the context of armed conflict on the territory of Ukraine in order to determine ways to improve the regulatory and legal mechanisms for their protection. Materials and methods. To achieve the goal of the work, general scientific and special methods of scientific knowledge are used. The formal-legal method was applied to the analysis of legal acts regulating the protection of children's rights. Thanks to the application of this method, the formulation of legal norms, their legal technique, the conceptual and categorical apparatus was studied in order to clarify the content and essence of regulation, and the norms of international and national law were determined to identify gaps, collisions, and contradictions. The method of statistical analysis made it possible to determine the dynamics of the number of cases of abduction of children or their adoption. Results. During the research, it was established that russian aggression against Ukraine is accompanied by systematic violations of international law aimed at protecting the rights of the child, in particular the UN Convention on the Rights of the Child, the Geneva Conventions, and The Hague Conventions. According to the data of international monitoring missions, in the temporarily occupied territories of Ukraine numerous facts of violation of children's rights to life, protection from torture, personal integrity, dignity, safety, as well as rights to protection from sexual violence have been recorded. In addition, children are deprived of safe conditions for life, healthy development and realization of the right to education. Such systemic violations require an urgent response by the international community in the form of strengthening preventive measures to prevent further violations of childhood rights. Conclusions. As a result of the full-scale invasion and occupation of part of the territory of Ukraine, the number of cases of violation of children's rights has increased significantly. In particular, this concerns violations of the rights to life, personal integrity, protection of dignity, the right to protection from sexual violence and a number of others. Based on this, the problem of protecting children's rights is of great importance and determines the need to improve the existing mechanisms of legal protection at the national and international levels.

The European Citizens’ Initiative “One of us”. A Gloss to the Judgment of the CJEU of 19 December 2019 in Case C-418/18 P. Puppinck and Others v. Commission

In December 2019, the Court of Justice issued a judgment in Case C-418/18 P. Puppinck and Others v. European Commission, ending a long-standing dispute between the organizers of the European Citizens’ Initiative “One of Us” and the EuropeanCommission. Ruling in the appeal proceedings, the CJEU dismissed in its entirety the application to set aside the judgment of the General Court of the European Union of 23 April 2018 in case T 561/14 One of Us and Others v. Commission. The “One of Us” organizing committee requested the repeal of the European Commission’s communication following the public initiative on the grounds that it lacked follow-up. The aim of the “One of Us” initiative was to strengthen the protection of dignity, the right to life and the integrity of every human being from conception in the EU’s areas of competence. The initiative proposed amendments to three legislative acts on research, humanitarian cooperation and their funding. The judgment under discussion is important for the interpretation of EU law in two areas. First, this is the first judgment that interprets the systemic position of the European Citizens’ Initiative in such a comprehensive manner. The case confirms that the ECI is an autonomous institution of EU law, whose systemic position is shaped by the principle of institutional balance and participatory democracy. The ECI is a form of emanation of deliberative democracy. Second, the judgment may be considered as confirming the exclusive competence of the Member States in the area of protecting human life at the prenatal stage. On the one hand, this means that EU law cannot impose its own standards on the right to life on Member States. On the other hand, in the area of its competences, it seems that the EU can have its own ethical position, allowing, while respecting the triple lock system, research involving the use of human embryonic stem cells and financing abortions as part of the package of medical assistance offered to the developing countries.

Principles of limitation of rights and freedom through the prism of ensuring human security

The article examines the basic principles of restricting rights and freedoms through the lens of ensuring human security, and characterizes the purpose of such restrictions in the modern conditions of Ukraine’s development as a legal state. It is noted that the possibility of limiting freedom is a measure of state influence, designed to ensure the safety of citizens in critical situations that pose a danger to their lives, health and well-being. Such restrictions are especially significant today, when both Ukraine as an individual country and the whole world in general, given the previously mentioned globalization, are facing many threats, both military (given the ongoing war on the part of the Russian Federation), and socio-economic (including one can count the large-scale destructive consequences of war, forced migration, demographic crisis, etc.), and epidemiological (the largest of which in recent years has been the pandemic caused by the coronavirus). It is emphasized that the restriction of freedom can be understood both in a narrow sense - through the use of measures originating from the state, and in a broad sense. A person is limited in his actions by a wide variety of factors, such as: moral norms, opinions of the environment and many other things, which people often directly encounter in everyday life. according to the content of these provisions, a person’s freedom in society is not absolute: a person is limited to the extent that it allows him not to harm society and not prevent other people from exercising their rights. On the one hand, this leads to the possibility of the state restricting human rights and freedoms, which in itself has a negative tendency, and on the other hand, due to restrictions, law and order is ensured, which ensures the observance of human rights and allows society to function normally. A mandatory condition for the restriction of constitutional rights and freedoms of a person and a citizen is that it can take place only on the basis and in the cases specified in the law, and, as a rule, by a court decision. The procedure for implementing such a restriction is fixed in the national legislation. Bodies of state power, bodies of local self-government, their officials and employees, depending on the actual circumstances, are authorized to choose methods of ensuring national security on their own or by applying to the court. Some rights enshrined in the Constitution of Ukraine cannot, in principle, be limited. Among them are the right to life, to protection of dignity, to freedom of religion and protection of private life. Having analyzed the above rights, it was concluded that the law does not provide for the restriction of those rights, exercising which a person cannot prevent others from exercising their rights, or simply pose a danger to other people (in contrast, for example, to the restriction of the right to free movement infected with coronavirus or persons who evade mobilization). On this basis, the principles were formulated, according to which the measures taken to ensure security cannot limit all the rights and freedoms available to a person, especially when it comes to such fundamental ones as the right to life, these are, in particular, the principles of proportionality, economic efficiency and regulation of the introduced restrictions.

ЛЮДЯНІСТЬ І ВІЙНА: ДО ПИТАНЬ РОЗРОБКИ КАТЕГОРІАЛЬНОГО АПАРАТУ

The work is devoted to the analysis of the phenomenon of dignity, which is studied by modern socio-humanitarian sciences as an orientation of moral consciousness and expresses the idea of the value of each person as a unique individual, as well as a special moral attitude of the individual to himself and the expectation of an appropriate response to the respectful attitude towards him by the society in which his value is recognized. We have established that dignity is primarily a form of self-awareness and self-control, which is the basis of a person's demands on himself or herself, and is closely related to such personality traits as conscience, honor, and responsibility. The concept of dignity is considered in the modern socio-philosophical discourse in the context of the value orientations of representatives of Ukrainian society and determines their patriotic behavior, which is especially in demand in the threatening conditions of martial law, which can deform the personality. Therefore, it is extremely important for the philosophical understanding of human dignity that all human abilities and preferences are involved in its production, and that value becomes a phenomenon of internal choice. The Russian narratives of the "little brother" and "peasantry" were aimed at the dignity of the entire nation, which in the war earned the respect of the whole world. It is established that the main characteristics of Ukrainian society are expressed by three key words: courage, resilience and solidarity, and therefore the author focuses on the etymology of the word victory, since it is in this desire for victory that human dignity is reflected in the consciousness of every Ukrainian. The author substantiates the social mechanisms of influence on the observance of human rights in war, on the preservation of dignity and the protection of dignity in the circumstances of new risks of the Russian-Ukrainian war.

Criminal procedural measures to protect victims of domestic violence

Protecting the victims of crimes is an objective of the judicial bodies to avoid the risk of revictimization, thus exercising their obligation to defend the fundamental rights of the person (the right to life, the right to health and physical and mental integrity, the protection of dignity, private life, the right to free expression etc.), as protected by a series of national and international normative acts.
 The criminal procedural measures for the protection of victims of the crime of domestic violence can belong to various criminal legal or criminal procedural institutions: general protective measures, regulated in art. 113 of Criminal Procedure Code related to art. 125-130 of Criminal Procedure Code, preventive measures, accessory and complementary punishments and administrative protective measures ordered on the basis of Law 682/2002 on the protection of witnesses.
 The development of Romanian legislation to complete the spectrum of available instruments, protective measures imposed by international legislation or inspired by the legislation of other states or from the recommendations presented by international experts, is necessary and would follow the trend on a European scale to harmonize the practices of physical and psychological protection of victims.
 Thus, the capacity of the judicial bodies to obtain the willingness of the victims to cooperate with the judicial bodies will be enhanced, the risks of exposure to any danger by participating in the trial being minimized, and they will be encouraged to adopt a sincere, unhindered attitude during the hearings.

Contruction of Criminal Law Against Blaspheming the President as the Head of Government in Indonesia

The State of Indonesia is a state of law, every citizen gets protection of both civil and political rights. In addition, as a country that adheres to a presidential system of government, the position of the President is both head of state and head of government. However, there is an update efforts to provide better protection for the dignity of the President in the Criminal Law raises pros and cons, of course it is very interesting to study more deeply, namely regarding the norm of defamation against the president and the limits to the concept of norms of defamation against the president for the protection of dignity as head government. The research method used in this paper is through normative juridical research using primary data sources derived from secondary data. Secondary data from primary, secondary and tertiary legal materials that are directly related to the problems written. The conclusions in the research show that the legal norms and concepts regarding insulting the president in the the 2019 Draft Criminal Law (RUUKUHP) are in an effort to maintain the existence of the president as a person because everyone has legal rights to protect human dignity and worth. Furthermore, the concept of protecting the dignity of the president or vice president in the article does not mean protecting government policies from criticism.

Protection of Privacy and Personal Data in Albania

The Protection of Personal Data became an important issue for the Albanian citizens. The new era of the protection of personal data through administrative claims started after 2008. This brought up sensitive issues like unauthorised legal processing of data on media and online portals, e-mail lack of personal data security, online data processing and online security etc. The sensibility of people increased when personal data were used for political or commercial benefits. During the COVID-19 pandemic period our lives were dominated by technology as the only means of connecting with others or continuing our normal life in abnormal conditions. On one side, human rights were suffering the most powerful restrictions and on the other,technology was gaining position faster. This paper raises questions on the relation between the protection of dignity, honour and privacy of the persons as a democratic value and technological evolution. This paper aims to introduce the Albanian legislation on the protection of privacy and personal data, legal reforms and their adaptation to international law through case law and jurisprudence. Findings, suggest the need for an international global binding act, which would facilitate the process of exchanging information, reduce administrative barriers, and increase the connection and collaboration.

Sintegritas Advokat di Indonesia Dalam Pemberian bantuan Hukum secara Cuma-Cuma (Prodeo)


 In carrying out their responsibilities, advocates must be honest, have a strong character, and of course have high intelligence. In addition, advocates must have determination because that is even more important than their skills or vision for the cause. anybody. As a result, Article 28D paragraph (1) of the 1945 Constitution stipulates that "everything related to the protection of dignity is further regulated". Everyone has the right to be recognized, protected, to receive fair legal certainty and to be treated equally before the law. In accordance with human dignity, Article 34 paragraph 2 of the 1945 Constitution states that the state creates a social security system for all people and empowers the weak and incapable. Laws and regulations are based on the 1945 Constitution, one of which is Law Number 16 of 2011 concerning Legal Aid. In accordance with Law no. 16 of 2011, the idea that the state is responsible for providing legal assistance to the poor as a means of ensuring access to justice is the basis for consideration for passing this law.
 Keywords: Advocate, Sintergrity, Prodeo

The Protection of Human Dignity in Selected Norms of Civil Law and in Theology

The dignity of the human person is a basic element of humanity, and at the same time a determinant of the moral value of human action. Human rights and personal rights derive from it and are protected by law. Dignity is sheltered by public and private law. In practice, civil law protection of human dignity is of great importance. There is consensus that the dignity of every human being is protected, even those deprived of consciousness. However, the problem arises when it comes to determining from what moment the protection of dignity is granted, whether from the moment of birth or earlier. The issue of the victim’s contribution to the harm caused to him is discussed. It can be noticed that in the science of law and in the jurisprudence of Polish courts, the influence of the teachings of Pope John Paul II on the interpretation of the provisions on the protection of human dignity can be observed.

ГІДНІСТЬ ЛЮДИНИ ЯК НАЙВИЩА ЧЕСНОТА ГРОМАДЯНИНА-БОРЦЯ ЗА УМОВ ВОЄННОЇ СИТУАЦІЇ: СОЦІАЛЬНО-ФІЛОСОФСЬКИЙ АНАЛІЗ

The work is devoted to the analysis of the phenomenon of dignity, which is studied by modern sociohumanitarian sciences as an orientation of moral consciousness and expresses the idea of the value of each person as a unique individual, as well as a special moral attitude of the individual to himself and the expectation of an appropriate response to the respectful attitude towards him by the society in which his value is recognized. We have established that dignity is primarily a form of self-awareness and self-control, which is the basis of a person's demands on himself or herself, and is closely related to such personality traits as conscience, honor, and responsibility. The concept of dignity is considered in the modern socio-philosophical discourse in the context of the value orientations of representatives of Ukrainian society and determines their patriotic behavior, which is especially in demand in the threatening conditions of martial law, which can deform the personality. Therefore, it is extremely important for the philosophical understanding of human dignity that all human abilities and preferences are involved in its production, and that value becomes a phenomenon of internal choice. The Russian narratives of the "little brother" and "peasantry" were aimed at the dignity of the entire nation, which in the war earned the respect of the whole world. It is established that the main characteristics of Ukrainian society are expressed by three key words: courage, resilience and solidarity, and therefore the author focuses on the etymology of the word victory, since it is in this desire for victory that human dignity is reflected in the consciousness of every Ukrainian. The author substantiates the social mechanisms of influence on the observance of human rights in war, on the preservation of dignity and the protection of dignity in the circumstances of new risks of the Russian-Ukrainian war.

Implementasi Islam Progresif pada Permendikbud Ristek No. 30 Tahun 2021 dalam Kajian Filsafat Hukum Islam

Regulation issued by the Ministry of Research, Technology and Higher Education Number 30 of 2021 about prevention and handling of sexual violence in campus has raised pros and cons among Indonesian Muslims because several articles allegedly provide sexual freedom on campus with an editorial “except with the victim consent”. The editorial seems to strongly prioritize one of the principles of Progressive Islam activists; on the other hand, there are philosophical values of the Islamic law that are not realized, especially in protecting dignity and heredity (hifz al-nasb). This study aims to reveal the implementation of progressive Islam in the regulation, and then the realization of progressive Islam will also be seen from the philosophical point of view of Islamic law. This research is qualitative by using data from library research. The results of the study indicate that the Ministerial Regulation has implemented one of the progressive Islamic concepts by prioritizing international human rights as the rationale, and the implementation of progressive Islam that relies on international human rights is not in line with the philosophy of Islamic law which highly upholds the protection of dignity and heredity (hifz al-nasb) from the side of maslahah al-hajiya. Therefore, the editorial must be changed, in order to achieve the benefit of the world and the hereafter for Indonesian Muslims.

Patient’s Self-Decision and Death in Court Decisions and the Law of Decision of Life-Sustaining Medical Care

The South Korean Supreme Court decision (2009Da17471), May 21, 2009, on removing life-sustaining medical care from persistent vegetative patients gave consent to death with dignity and initiated a lively debate in South Korea. The legal grounds for this decision were based on dignity, worth, and the right to pursue happiness regulated in Article 10 of the Constitution, The Death with Dignity Act was legislated as a law for life-sustaining medical care through debate and agreement on February 3, 2016, and has since been revised four times. However, there are some issues to discuss with this Act. First, the definition of the process of dying is unclear because the determining point of the dying process is different from the status of the attachment or detachment of an artificial ventilator. Second, the purpose of this law is the protection of dignity, worth, and the right to pursue happiness. As nutrition, fluid, and oxygen must be continuously supplied, even if the artificial ventilator is removed, is it reasonable to suggest that supplying these continuously achieves Article 10 of the Constitution? Third, if the withdrawal of life-sustaining medical care is possible or permitted without the patient’s approval, what is the legal value of advance directives? Fourth, it is whether death with dignity could be extended to the euthanasia. Conclusively, it may be necessary to partially revise the law for life-sustaining medical care through further debate and agreement.

Legal Protections for Debtors of Banks Providing Mortgage in Facing Execution Parates

Legal protection can be interpreted as protection by law or protection by using legal institutions and means. Legal protection is the protection of dignity and worth, as well as the recognition of human rights owned by legal subjects based on legal provisions from arbitrariness. This current study reveals preventive and repressive legal protections for debtors of banks providing mortgage in facing execution parates, according to the Indonesian law (UUHT). The result shows that the preventive legal protections include: Rescheduling, Reconditioning, Restructuring, Combination, Takeover of debtor assets, and Credit conversion. On the other hand, the repressive legal protections include: Execution through public auction, Execution through underhand sales, and Execution via PUPN/BUPLN.

REMARKS ON TRADE UNIONS’ ENTITLEMENTS IN THE FIELD OF COUNTERACTING BULLYING (MOBBING) AT WORK

In Poland the obligation to counteract bullying (mobbing) is imposed on employers by Article 943 of the Labour Code. The method of fulfilling this obligation is not indicated. The regulation is limited to precising the employer’s liability. Also the Act on Trade Unions does not deal with the trade unions’ competences in the field of bullying (mobbing). Yet, it proclaims the protection of dignity and moral interests of persons performing work, both individual and collective ones, as one of the tasks of trade unions. Thus, it is sometimes suggested that trade union’s representatives should take active part in activities and possible bodies aiming to counteract bullying (mobbing). However, admitting a trade union’s representative to employer’s activities aiming to counteract bullying might lead to infringement of the negative freedom of trade unions, personal rights and data of those people involved who are not trade union’s members.

O poszanowaniu godności człowieka na przykładzie polskich gwarancji jej ochrony oraz orzecznictwa Sądu Najwyższego Stanów Zjednoczonych Ameryki

This article presents a synthetic analysis of human dignity from the perspective of Polish guarantees of its protection and the case law of the Supreme Court of the United States of America. There is no doubt that human dignity has always aroused interest on the part of representatives of the legal science and judicature. There have been many attempts to define dignity and define the roles it plays in the legal system. A scientific polemic about its significance for political and legal thought was also often undertaken. More than once, it has been identified with a specific philosophical or political idea, often treated as an “empty phrase”. The purpose of this article is to present, on the one hand, the current legislative solutions aimed at ensuring proper protection of dignity in the Polish legal system, and, on the other hand, the way dignity is perceived in the jurisprudence of the US Supreme Court. The reason for undertaking the analysis of this extremely important issue is the monograph devoted to the idea of human dignity in the jurisprudence of the US Supreme Court, which the author presents for reflection. All considerations are crowned with a summary in which the author attempts to answer the question whether the previous jurisprudence assigns the proper function and role to human dignity.

DEFINITION OF THE CONCEPT OF «DEFAMATION» IN THE COUNTRIES OF CONTITENTAL EUROPE

The article discusses the key issues of the interpretation of the concept of “defamation” in the countries of Western Europe. In a modern social and legal state, considerable attention is paid to the protection of individual rights and freedoms as the foundations of democracy. One of the basic personal rights is the right to personal dignity, protection of honor and reputation. Analysis of the structures of the current legislation, the positions of the Supreme Court, acts of the European Court, as well as classical and newest scientific approaches, defamation is an offense expressed in the dissemination of inaccurate information that violates the right of a legal entity to a business reputation. Honor, dignity, business reputation are constituent elements of such categories as personal moral rights and intangible benefits, in order to ensure the realization and functioning of the rights of which, a well-thought-out, well-coordinated and effective protection mechanism must be produced. Attention is focused on the fact that for the proper operation of such a mechanism, it is necessary to determine, first of all, the protected object, what are its features and boundaries that need to be regulated by law. Indeed, in the case of securing an incomplete list of protected in the legislation, fixing in the norms not all signs of the protected or the presence of gaps in the regulation of this legal relationship, the potential for abuse of the right or misinterpretation of its norms arises. National laws define in different ways whether the burden of proof lies with the plaintiff or the defendant. It is concluded that defamation is one of the unlawful acts that infringe upon honor, dignity and reputation and requires further study in the practice of the European Court. In dealing with defamation cases, courts always need to find a compromise and strike a balance between freedom of expression, freedom of thought and speech, and protection of dignity, honor and reputation.

Cучасне трактування проблем насильства над дитиною

The article analyzes the problems of violence against children. The essence and content of the complex of influences of risk factors are revealed, among which, first of all, there are: pedagogical neglect; social neglect and abnormalities in the child’s health. Victim features of adolescents are characterized. It has been argued that violence violates many of the rights of those protected by international human rights law. The government is responsible for taking measures to eliminate violence and provide equal protection for victims of violence. It is substantiated that the state should also take care of the development and proper functioning of social and psychological services, training of qualified psychologists and social educators, because their activities should bring the broadest and most effective results in solving the problem of domestic violence among Ukrainian families. Every child is guaranteed the right to liberty, security of person, protection of dignity and the best interests of the child. It has been shown that child abuse can include any act of violence, neglect, abuse or inability, unwillingness or inability to raise and care for children from parents or others, leading to actual or potential harm to the child. This problem at the present stage is quite acute and requires research and practical action. It is emphasized that in the 21st century, society must realize that violence against children is a problem of society as a whole. It is proposed to introduce the obligation of everyone to report the offenses committed against children that cause moral or material damage, damage to physical, mental health, moral development of the child. A timely response to reports of violence and other wrongdoing against children will undoubtedly contribute to preventive measures aimed at eliminating, blocking and neutralizing the determinants of their wrongdoing. At the same time, children themselves must be aware of their right to protection from all forms of violence. It is emphasized that in the 21st century, society must realize that violence against children is a problem of society as a whole. It is proposed to introduce the obligation of everyone to report the offenses committed against children that cause moral or material damage, damage to physical, mental health, moral development of the child.

The Shari’ah Compliance Spa for Wellness and Tourism Context in Malaysia

Spa, Tourism and Wellness are a relatively new trend that has registered an impressive growth rate. The spa market has turned into the fastest growing leisure sector which provide facilities as venue to improve a person’s health and well-being. In Malaysia, Shari’ah compliance spa has increasingly becoming an important marketing strategy which attract customers in the context of wellness industry. This is parallel with the growing demand for products and services that comply with Islamic law with consideration trend nowadays. Thus, there are specific criteria for the spa sector to be complied for a Shari’ah compliance. The Shari’ah compliance elements practiced by Islamic Spa Practices (ISP) include the usages of Halal Products; Gender Segregations in Treatments and Procedures, as well as Physical Construct Elements. The five vital elements of Maqasid Shar’iyyah which were Protection of Religion (Al-Diin); Protection of Life (Al-Hayah); Protection of Mind (Al-‘Aql); Protection of Dignity (Al-Muru’ah); and Protection of Wealth (Al-Mal) considered in delivering the Shari’ah Compliance Spa. To date, there is no much framework that elaborates the Shari’ah compliance spa that includes the ISP practices and Maqasid Shar’iyyah elements. However, an initial framework of Sha’riah compliance spa is developed based on the Muslim-friendly hospital services

ПСИХОЛОГІЧНА ДОПОМОГА ЖЕРТВАМ ПСИХОЛОГІЧНОГО НАСИЛЛЯ У СУЧАСНІЙ СІМ’Ї

THE MODERN FAMILYIntroduction. Domestic violence should be seen as a complex problem, including measures aimed at stopping crimes against the individual, which ensure the right of every family member as a citizen to security of life, liberty and protection of dignity, as well as measures aimed at social prevention, that is, to prevent domestic violence. The importance of this direction is obvious, as the state policy to prevent domestic violence has not yet been formed.Purpose. Disclosure of procedural and substantive aspects of the organization of psychological assistance to victims of psychological violence in the modern family.Methods. To achieve the goal and achieve the objectives of the study used a number of theoretical methods: analysis, synthesis, generalization, comparison and systematization of Ukrainian and foreign scientific psychological sources on the problem of psychological violence, particularly in the family.Originality. Domestic violence should be seen as a complex problem, including measures aimed at stopping crimes against the individual, which ensure the right of every family member as a citizen to security of life, liberty and protection of dignity, as well as measures aimed at social prevention, that is, to prevent domestic violence. The importance of this direction is obvious, as the state policy to prevent domestic violence has not yet been formed. Psychotherapy for victims of domestic violence should be comprehensive and contain a differentiated combination of methods of psychological counseling, family, personality-oriented, individual and behavioral psychotherapy. The technology of providing psychological assistance to survivors of domestic violence is implemented through the joint work of professional psychologists, pediatricians and social workers. As a result of their efforts, problem families are provided with support in resolving conflict situations, psychological support for victims of violence.Conclusion. The specificity of socio-pedagogical assistance to victims of violence is the focus on positive change in the environment in which the victim of violence. Prevention of psychological violence in the family, which aims to harmonize family relationships, improve mutual understanding in the family, eliminate negative emotional attitudes in spouses, consists of four stages: building a therapeutic alliance, reproducing the problem, restructuring the problem, developing «theory healing».

Human Dignity Concepts in Judicial Reasoning. Study of National and International Law

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.