Role Of Dignity Research Articles

The Role of Dignity and Respect in Maternity Care: An Integrative Literature Review

The Role of Dignity and Respect in Maternity Care: An Integrative Literature Review

The role of dignity in the management of elderly psychotic patients: An observational study in a neuro-psycho-rehabilitation center

The role of dignity in the management of elderly psychotic patients: An observational study in a neuro-psycho-rehabilitation center

Renting in the informal city: the role of dignity in upgrading backyard dwellings in Cape Town, South Africa

AbstractIn South Africa, informal rental accommodation constructed in the backyards of formal houses is the fastest growing housing segment. These backyard dwellings (BDs) are makeshift structures made from timber frames, metal sheets or wooden planks. Despite the proliferation of BDs, national and local governments have done little to improve the living standards of backyard dwellers. The research uses focus groups, interviews and building surveys to examine the current state of backyard dwellings and identify opportunities and barriers for government interventions. We analyse the barriers to home improvements, highlighting the important role of tenant dignity and landlord-tenant relations. Furthermore, the research discusses the challenges of potential government-led interventions, which could easily fail in the context of resistance, mistrust and anxiety over housing. We present four key considerations that any intervention to upgrade BDs in South Africa or similar rental units in other localities must consider.

Injustice and indignity in the threshold of materiality

This article considers the role of dignity in the context of procedural fairness and the threshold of materiality. The author argues that dignity and indignation operate as social contingencies with expressive and constitutive consequences. The author particularly analyses the use of dignity as a justification for procedural fairness, and the ways in which a socio-political concept of dignity facilitates contestation of the law. Finally, the author explains how the threshold of materiality has conversely diminished such contestation by diminishing indignation.

Two Concepts of Dignity: On the Decay of Agency in Law


 
 
 This paper examines the radical shift we can observe in the modern legal understanding of dignity. That one should be respected for one’s own sake is a cornerstone of our modern societies, enshrined in our laws and constitutions. The idea of dignity, however, is subject to fundamentally different interpretations. More precisely, we examine two such theories of dignity – namely, the “agency theory of dignity,” associated with Immanuel Kant and based on people’s capacity for free will, and the “well-being theory of dignity,” recently championed by Alan Gewirth and regarding dignity a kind of intrinsic worth that belongs equally to all human beings as such. Kantian dignity means that we should endorse strong negative duties, but not positive duties, such as duties of welfare. From Gewirth’s one we can derive rights not only of negative freedom, but also duties of well-being toward others.
 The modern shift from the former to the latter, we argue, is problematic, first, inasmuch as it is an expression of the decay of agency in our legal systems, and, second, because the well-being theory of dignity is often self-defeating, hurting the well-being of the worst-off and lowering total welfare in society. This paper accordingly maintains that we should go back to the agency theory of dignity.
 Using an antinomian reading of Kant’s theory, we maintain that rational people are to be their own lawmaker and act from laws they themselves made, that the scope of legislative activity should be limited as a matter of dignity, and the role of dignity should be reduced in our laws. The main conclusion is that dignity cannot be a principle of law, as it is rather a principle of responsibility.
 
 

Dignitatis Humanae and Human Rights in Philosophical and Legal Existence and in Contemporary Constitutionalism: Division and Reunification

The article analyzes the concept of “human dignity” in the context of philosophical and legal existence; scientific and philosophical identification of dignity as a polysemantic concept allows us to state its universal value and consider it as a universal legal and ethical category. The research work reveals the views of modern philosophers and lawyers on the nature and role of dignity in relation to human rights. The aim is to study the philosophical foundations and legal aspects of human dignity, to highlight the conceptual foundations of dialogue and the co-existence of human dignity and human rights in modern philosophical and legal discussions. The polysemy and polymorphism of human dignity is combined with a wealth of concepts of dignity, especially in modern constitutional jurisprudence and the practice of constitutionalism, and a unified theoretical basis for the relationship between individual dignity and human rights. The author used general and specific research methods, including methods of dialectics, inductive-deductive analysis, legal hermeneutics and legal engineering and a discursive approach, critical rationalism, and legal realism. Conclusions: dignity as a philosophical and legal category in modern discussions has several of the most important hypostases, reflecting the fundamental categorical meaning: a) the category of ethics and humanistic understanding of man; b) a legal category with a significant variety of legal forms of consolidation at the international, supranational and domestic levels, in the branches of legal regulation; c) a historically changeable category, affecting both the evolution of ethics and law, the legal status of individuals. The article proposes four approaches to the relationship between human rights and human dignity, which are based on four concepts of human dignity: 1) dignity as a gift and heritage; 2) dignity as a social achievement and social honor; 3) dignity as human capacity; 4) dignity as human potential.

Women’s experiences of indignity in immigration detention and beyond

In this article, I set out to define dignity in immigration detention and beyond. Throughout this piece, I will examine the role of dignity in detention, and the way in which the existence of ‘dignity’ in detention impacts on people when they are in detention and after they leave. Based on interviews and research with women who have experienced immigration detention in the United Kingdom, it is clear that this experience of indignity has had a lasting impact on women, causing them distress both in detention and after they leave. The key themes emerging out of this research into violations of dignity include vilification, lack of autonomy and ‘diminishment’. In light of this, I suggest that immigration detention is incompatible with the concept of dignity that has been defined by the women in this study.

Role of Dignity in Mental Healthcare: Impact on Ageism and Human Rights of Older Persons

The global demographic shift toward an aging population is predicted to result in a significant burden of mental health conditions and psychosocial disability. There has been a greater awareness of ageism and its toxic effects creating a paradigm shift to include a human right, ethical, and social justice-based approach to augment the biomedical model of mental healthcare. The concept of dignity lies at the heart of human rights and must be a central concept integrated into public health and mental healthcare. Dignity denotes the self-respect and worthiness of an individual as well as social consideration of his/her identity. Dignity in older persons is multi-dimensional and includes several factors such as privacy, independence, inclusion, autonomy, etc. There are several determinants such as frailty, dependence, sensory, cognitive impairment and socioeconomic vulnerabilities, which tend to compromise dignity in the elderly and hence their fundamental rights. One such construct is that of ageism which comprises stereotypes, prejudice and discrimination based on age. Ageism and related forms of stigma impair dignified healthcare in older persons and deprive them of their rights. Mental health professionals are uniquely positioned to incorporate the strategies to promote dignity in their clinical care and research as well as advocate for related social/health policies based on a human rights approach. These intersections are discussed in this paper in light of the United Nations Convention on Rights of the Older Persons.

Dying with Dignity: The Role of Dignity in the Irish Constitution and its Implications for the Prohibition of Assisted Suicide

‘As there is no right to commit suicide, issues such as discrimination do not arise; nor do values such as dignity… apply to the situation… of the appellant.’ It might come as a surprise to see the role of dignity in a Supreme Court decision on assisted suicide reduced to a sweeping one-line statement of non-applicability. In Fleming v Ireland Marie Fleming, a woman in the advanced stages of multiple sclerosis (MS), challenged the constitutionality of the ban on assisted suicide in Ireland. The Supreme Court, in denying that any of her constitutional rights were engaged, failed to analyse the compatibility of this ban with the value of human dignity protected by the Irish Constitution. This paper argues that the failure to accord dignity a central place in considering the constitutionality of the ban on assisted suicide is attributable to the absence of a coherent conception of the role of dignity in Irish constitutional law. It analyses the case law on dignity and draws from it a coherent framework for the role of dignity, suggesting a consistent approach for the courts to take in cases engaging human dignity. The need for such a coherent approach to dignity is clear as this value is referred to more and more in recent Irish constitutional cases, and as social issues fundamentally affecting individuals’ human dignity such as assisted suicide, become more and more pressing. Understanding the role to be accorded to dignity in considering the constitutional implications of such issues will ensure that no one’s human dignity is overlooked in cases which affect it, as well as bringing much-needed consistency to the jurisprudence in this area. This paper then discusses the implications which dignity, when accorded its proper place in constitutional analysis, has for the absolute ban on assisted suicide in Irish criminal law. It argues that this blanket prohibition violates the gravely ill individual’s right to dignity and a number of other personal rights read in the light of dignity, and is therefore unconstitutional.

Dignity as a Constitutional Value in Hong Kong: Toward a Contextual Approach?

This chapter considers the judiciary’s reliance on human dignity as a constitutional value in Hong Kong, a special administrative region of the People’s Republic of China. The Hong Kong courts have invoked dignity in several cases involving a limited number of rights. While dignity has helped expand the scope of constitutional rights in some, it has functioned more restrictively in others. An examination of this jurisprudence allows for a reflection on debates about the role of dignity in comparative constitutional law more generally. Commentators have queried whether such a vague and imprecise term has any substantive meaning and whether it should be abandoned altogether. The chapter concludes that attention to context can mitigate concerns about dignity’s indeterminacy and contribute to its development as a holistic constitutional value. The relevant context is both universal and local. It includes dignity’s position as a broad-based foundational principle in international human rights law across all categories of civil political, economic, social and cultural rights. It also depends on domestic factors such as a jurisdiction’s constitutional framework and empirical realities that impact the realisation of dignity in any given setting. Such an approach is therefore characterised by both breadth and depth and enhances dignity’s potential to address a range of issues.

Dignity and Therapeutic Jurisprudence: How We Can Best End Shame and Humiliation

This chapter is premised on the belief that dignity is the core of the entire therapeutic jurisprudence (TJ) enterprise, and do not think we can seriously write about or think about TJ without taking seriously the role of dignity in the legal process. One of the central principles of TJ is a commitment to dignity. TJ may also lend dignity to the voice of those who are subordinated. Boiled down to its most essential element, therapeutic jurisprudence adds the dignity and value of the individual human being to legal analysis in a formal way. This is accentuated in the context of shame and humiliation. Keeping in mind that the law always has the power to shame, and humiliate, it is crystalline-clear that humiliation in the law utterly contradicts the aims of TJ and undermines the role of dignity. These behaviors directly contravene the guiding principles of therapeutic jurisprudence, especially in the context of its relationship to the importance of dignity in the law. In this chapter, I explore the relationship between dignity and therapeutic jurisprudence, and conclude that, acting in concert, they are our best option for ending shame and humiliation.

Dying With Dignity: The Role of Dignity in the Irish Constitution and Its Implications for the Prohibition of Assisted Suicide

Dying With Dignity: The Role of Dignity in the Irish Constitution and Its Implications for the Prohibition of Assisted Suicide

Guest Editors’ Introduction:Human Dignity and Business

ABSTRACT:After a brief historical introduction, three interpretations of dignity in relation to management theory and business ethics are elaborated: Dignity as a general category, Human Dignity as Inherent and Universal, and Human Dignity as Earned and Contingent. Next, two literature reviews are presented under the headings of “Dignity and Business Research” and “Dignity and Business Ethics Research.” The latter discussion identifies three subcategories of business ethics research involving human dignity: the role of dignity as a cornerstone for paradigmatic shifts, the role of dignity as the ‘ultima ratio’ for the protection of human rights, and the role of dignity in organizing business practices. The article concludes with summaries of the three articles chosen for this special section.

Comparing Cyberconstitutionalism: Legal Constructions of Computing Technologies & Personhood Since Data Banks

Building on recent scholarship investigating the governance of algorithms, this Article is an exploration of the role of dignity in data protection law addressing automated decision-making. Delving into the historical roots of contemporary disputes between information societies, notably European Union and Council of Europe countries and the United States, reveals that the regulation of algorithms has a rich, culturally entrenched, politically relevant backstory. Methodologically, the Article compares the making of law in the area of data protection and privacy, where algorithmic decision-making has thus far been housed, focusing on the role automation has played in the two regimes as they have confronted computing technologies. By situating diverse policy treatments within the cultural contexts from which they emerged, the Article uncovers and examines two different legal constructions of automated data processing, one that has furnished a right to a human in the loop that is intended to protect the dignity of the data subject and the other that promotes and fosters the fully automated to establish and celebrate the fairness and objectivity of computers. The existence of this right across European countries and its absence in the U.S. will no doubt continue to be relevant to international technology policy as smart technologies are introduced in more and more areas of society.

The Dialectics of Dignity: Clinical Applications: Reply to Commentaries

This response paper explores the discussants’ questions about the role of dignity and value in analytic work. Utilizing a clinical vignette, the author highlights several key dialectics central to the therapeutic application of dignity—the dialectic between agentic and selfic freedom, the dialectic between uniqueness and universality, and the dialectic between conscious and unconscious valuing. An argument is made for the constant and inescapable role of valuing in analytic work. Far from being an impediment to clinical process, when utilized productively, this capacity can be seen as the main vehicle for therapeutic change.

The role of dignity in nursing ethics: what it means; how it has evolved; and why it matters to nurse practitioners

The role of dignity in nursing ethics: what it means; how it has evolved; and why it matters to nurse practitioners

Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

Since the introduction of new Web-based technology in the early 21st century, online shaming against those who have violated social norms has been proliferating fast in cyberspace. We have witnessed personal information of targeted individuals being disclosed and displayed for the purpose of humiliation and social condemnation by the anonymous Internet crowd, followed often by harassment and abusive behavior online and offline, resulting in serious disruption of personal life. While public shaming as a form of criminal sanction has been widely discussed in present literature, social policing by shaming transgressions via the Internet is largely a new terrain yet to be explored and studied. Drawing on socio-legal literature on shaming and punishment, and jurisprudence from the English Courts on defamation, harassment and misuse of personal information and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of the right to privacy where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. It argues that the recognition and protection of the dignity and privacy of an individual is necessary in order to arrive at norms and values inherent in decent participation in the e-village. In this article, the term “dignity” refers to one’s innate personhood, integrity and self-respect.

The role of dignity in advance care planning among homeless individuals

Dignity is an important issue in end of life care, but has not been considered as a possible predictor of advance care planning (ACP). This presentation will describe a study...

Revisiting Privacy and Dignity: Online Shaming in the Global E-Village

Using public shaming as a form of criminal sanction has remained a controversial topic. Yet in the Internet era, we do not need to wait for state approval to administer this form of punishment. Rather, online shaming against those who have violated social norms is proliferating fast in cyberspace, where the personal information of targeted individuals is often disclosed and displayed for the purpose of humiliation and social condemnation. Whether or not the victims themselves are perpetrators of wrongdoing in the first place, this article argues that online shaming is a blatant form of attack on a person’s innate dignity, and is a violation of the right to privacy. Drawing on recent jurisprudence from both the English Courts and the European Court of Human Rights on the relationship between the right to private life and dignity, the discussion will explain how the role of dignity has informed the development of privacy right where its value has played a distinctive role. This refers especially to the context in which the plaintiffs could be said to be partly at fault as transgressor-victims. In this article, the term ‘dignity’ refers to one’s innate personhood, integrity and self-respect.

The Role of Dignity in Bioethics. Review of Human Dignity and Bioethics: Essays Commissioned by the President’s Council on Bioethics

The Role of Dignity in Bioethics. Review of Human Dignity and Bioethics: Essays Commissioned by the President’s Council on Bioethics