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Human dignity as a person’s projection of integrity

A dignidade humana como uma projeção da integridade da pessoa

Abstract:

The main goals of the study are to expand knowledge about the concept of human dignity as a social value, analyse the historical, religious and philosophical foundations of the development of this concept in Europe and Ukraine, and characterize this concept in the system of legal values. The paper uses the following scientific methods: functional and dialectical approaches, logical analysis, synthesis, comparative analysis, analysis of scientific literature and generalization. The paper examines the problem of protecting human dignity as a natural and inalienable value, the source of human and civil rights and freedoms in the world’s states’ constitutions, decisions of constitutional courts and some countries’ criminal legislation. The main result is theoretical and practical problems of implementing the right to human dignity, and justifying human dignity in the constitutions and decisions of some countries’ constitutional courts. The study was conducted on the following countries’ basis of laws and regulations: Ukraine, the Federal Republic of Germany, the Republic of Hungary and the Republic of Poland.

Keywords:
Human rights and freedoms; Human dignity; Constitution; Social value; Law

Resumo:

Os principais objetivos do estudo são ampliar o conhecimento sobre o conceito de dignidade humana, como um valor social, analisar os fundamentos históricos, religiosos e filosóficos do desenvolvimento desse conceito na Europa e na Ucrânia, e caracterizar esse conceito no sistema de valores jurídicos. O artigo utiliza os seguintes métodos científicos: abordagens funcionais e dialéticas, análise lógica, síntese, análise comparativa, análise da literatura científica e generalização. O texto examina o problema da proteção da dignidade human,a como um valor natural e inalienável, a fonte dos direitos e liberdades humanas e civis, nas constituições dos Estados do mundo, nas decisões dos tribunais constitucionais e na legislação criminal de alguns países. O principal resultado aponta os problemas teóricos e práticos da implementação do direito à dignidade humana, justificando a dignidade humana, nas Constituições e nas decisões dos tribunais constitucionais de alguns países. O estudo foi realizado com base nas leis e regulamentações dos seguintes países: Ucrânia, República Federal da Alemanha, República da Hungria e República da Polônia.

Palavras-chave:
Direitos humanos e liberdades; Dignidade humana; Constituição; Valor social; Direito

Introduction

The modern society’s defining characteristic is humanism. Humanism is the primary source of equality, freedom, justice and determines the inherent personal values of human existence. The main social value is human dignity, which is the initial for all other social and legal values. It is an intangible good. It belongs to a person from birth and determines the level of humanity’s development in a person as an independent generic being. Now, this topic is quite relevant, as society has undergone significant changes. When studying this issue, attention should be paid to American and Western European studies, since the concept of human dignity, during the Soviet Union, was distorted or not perceived at all. The problem of human, gender, national and personal dignity is very important for modern Ukrainian society (Protosavitska, 2023PROTOSAVITSKA, L. Legal aspects of gender equality and their legislative consolidation. Law. Human. Environment, v. 14, n. 1, p. 88-106, 2023. ). In the current European legislation, it is the main principle not only in constitutional, but also in natural and positive law, and therefore, it is the foundation of all human and civil rights (Chistokolyaniy, 2019CHISTOKOLYANIY, Y. V. Understanding the dignity of a person in the constitutional law of the European powers, the European Union and Ukraine: the main powers. Actual Problems of State Jurisprudence, v. 1, p. 1-4, 2019.). The Universal Declaration of Human Rights (1948VERKHOVNA RADA OF UKRAINE. Universal Declaration of Human Rights. 1948. Available at: Available at: https://zakon.rada.gov.ua/laws/show/995_015#Text . Accessed on: 03 August 2023.
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) states that “the recognition of the inherent dignity of members of the human family and their equal and inalienable rights is the foundation of freedom, justice, and universal peace”.

While human dignity is recognized as a core value across contexts, the specific meaning and applications of this concept remain complex and multifaceted. Much existing scholarship focuses on this concept within isolated national or philosophical frameworks. This paper aims to provide a new comparative perspective by examining how it is framed in the multiple European countries’ constitutions and legal precedents. The analysis synthesizes these diverse interpretations of it into a structured overview, elucidating core definitions and principles while also highlighting key differences. Examining human dignity, across European contexts, clarifies this foundational yet ambiguous concept for both scholarship and law.

Dignity is the primary source of inalienable human rights and freedoms, and it is crucial for other values, such as freedom, justice and equality (Tymoshenko et al., 2023TYMOSHENKO, V.; BONDAR, S.; IVANCHUK, N. Human freedom in the legal dimension. Law Journal of the National Academy of Internal Affairs, v. 13, n. 1, p. 9-17, 2023.). However, legal science is still debating the nature of this concept. According to one version, it is a human freedom, and according to another, a positive right. Currently, constitutional provisions are particularly relevant in determining human dignity. This is conditioned by the fact that dignity is the basis of democracy, the protection of human rights, and it is aimed at a socially-oriented market economy, so the development of the state, legal and economic institutions is impossible without a decent provision of it (Tymoshenko, 2022TYMOSHENKO, V. Terrorism as a threat to human rights. Law Journal of the National Academy of Internal Affairs, v. 12, n. 3, p. 30-38, 2022. ). In case of non-compliance, neglect and improper implementation of human rights and freedoms, the country has no future (Moses, 2020MOSES, G. G. Problems of realizing the right to human dignity in Ukraine. Chronicles of Kiev University of Law, v. 2, p. 1-4, 2020.). The Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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) states that dignity is “the highest social value” in Ukraine (Article 3), “all people are free and equal in their dignity and rights” (Article 21) and that “everyone has the right to respect for their dignity” (Article 28). In Grundgesetz für die Bundesrepublik Deutschland (1949BMJ. Grundgesetz für die Bundesrepublik Deutschland. 1949. Available at: Available at: https://www.gesetze-im-internet.de/gg/BJNR000010949.html . Accessed on: 03 August 2023. [in German].
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) (Basic Law of the Federal Republic of Germany), according to the first article, dignity is defined as inviolable. The main duty of state power is to protect it, so the German people recognise human rights as inviolable and inalienable. Rights are the foundation of human community, peace and justice. German President J. Rau wrote, in the preface to the second edition of the Constitution, that it is the first article that is and will remain the most important.

In Magyarország Alaptörvénye (2011CONSTITUTE. Magyarország Alaptörvénye. 2011. Available at: Available at: https://www.constituteproject.org/constitution/Hungary_2013?lang=en . Accessed on: 03 August 2023. [in Hungarian].
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) (Basic Law of Hungary) of the Republic of Hungary, the following provisions are spelled out: in the republic, everyone has the right to life and human dignity and no one has the right to unreasonably deprive these rights. The state authorities recognise the inviolability and inalienability of these rights and are obliged to respect and protect them. In the Constitution of the Republic of Poland (1997SEJM. Constitution of the Republic of Poland. 1997. Available at: Available at: https://www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm . Accessed on: 03 August 2023.
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), in the first article of the second section, “freedoms, rights, and duties of man and citizen”, dignity is interpreted as the man’s and citizen’s source of freedom and rights. It is inviolable. Protection and respect are the main duty of state power. In the Preamble of the Constitution of the Republic of Poland (1997SEJM. Constitution of the Republic of Poland. 1997. Available at: Available at: https://www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm . Accessed on: 03 August 2023.
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), it is noted that “[…] all those who will apply this Constitution for the benefit of the third Republic of Poland, we urge them to do so, taking care of respect for the dignity of a person, his right to dignity and the duty of solidarity with others, and respect for these principles for the unshakable foundation of the Republic of Poland” (Baranov; Romashkov, 2020BARANOV, V. M.; ROMASHKOV, R. A. Human dignity in the focus of the abuse of rights. Bulletin of the Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia, v. 1, n. 49, p. 1-11, 2020.). In fact, the right to life and human dignity is inalienable in all constitutional systems. The state cannot limit the right to exercise it even in a state of war or emergency. Ukraine’s and other European countries’ Constitutional Court emphasises that such restrictions are unfair and arbitrary. A legal restriction on the right to exercise is considered to be established exclusively by the Constitution and laws (Chekharin, 2019CHEKHARIN, V. I. Social justice: constitutional ideal and social practice (from the constitutional and legal experience of Poland). Russian University of Peoples’ Friendship, v. 1, p. 146-154, 2019.).

This topic is quite relevant and creates a large number of discussions around it. Human dignity is a constantly changing social phenomenon. Its essence can only be expressed in concepts that are constantly changing, transforming, absorbing each other. Dignity is raised to the same level as physical integrity and personal property, so all people around should respect it. This study uses the following scientific methods: functional and dialectical approaches, logical analysis, synthesis, comparative analysis, analysis of scientific literature and generalization. The first method that was used is a functional methodological approach. With the help of this approach, the main purpose, objectives and goals that should be achieved, in the course of the study, were determined.

The next is the dialectical approach, which shaped the course of the work, the logical structure of the work - first defining the concept, then looking at how “dignity” is defined in Ukraine’s, the Federal Republic of Germany’s (FRG), the Republic of Hungary’s and the Republic of Poland’s constitution, and in the decisions of constitutional courts and tribunals. In general, the information is based on the definition of the essence of this concept. There are many ways to interpret the concept, so it is important to consider, as many as possible, exploring the topic in more detail. An important method, when writing a paper, is the analysis of scientific literature, since it formed the main part of the research.

The study used logical methods, namely, analysis and synthesis. The first method was used in the analysis of sources, and the second method, synthesis, helped to formulate all the information in a logically structured paper. It is also necessary to highlight such important methods as generalization and comparative analysis. The content of the second method (comparative analysis) is that it was analyzed and compared how “human dignity” is interpreted in different European countries, and with the help of the first method (generalisation), all the information was summarized. For a detailed investigation, the study was carried out in three substantive stages. The first stage consists in forming the plan and structure of the work, highlighting the main tasks, goals of the work, highlighting the issues that should be considered. The second stage is that the essence of the concept of human dignity was investigated. The scientific literature and regulatory framework were analyzed, based on which the main part of the information under study was formed. At the third stage, the results of the study were analyzed and conclusions were formed.

1 State views on the definition of dignity

This concept is considered one of the main constitutional jurisprudences. In the modern world, human rights generate a complex set that exists at the level of national and international legislation. The right and freedoms to human dignity are fundamental and are granted from birth. The content of the right to respect for dignity is a set of norms. They are legally consolidated and guaranteed by the state, which gives each person confidence in their own social value, the opportunity to regard themselves as a person, respect their own moral principles, demand respect for themselves from the environment, public authorities and officials, as well as, in case of doubts about their own principles and norms, to demand a logical interpretation. In the Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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), the issue of human dignity is covered in Article 3, which recognises that dignity is the highest social value. According to Article 28 of the Criminal Code of Ukraine (2001VERKHOVNA RADA OF UKRAINE. Criminal Code of Ukraine. 2001. Available at: Available at: https://zakon.rada.gov.ua/laws/show/2341-14?lang=en#Text . Accessed on: 03 August 2023.
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), it is prohibited to humiliate human dignity, subject a person to torture, cruel or inhuman treatment or punishment. This is enshrined in Article 68 of the Criminal Code of Ukraine (2001VERKHOVNA RADA OF UKRAINE. Criminal Code of Ukraine. 2001. Available at: Available at: https://zakon.rada.gov.ua/laws/show/2341-14?lang=en#Text . Accessed on: 03 August 2023.
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), which obliges not to encroach on the others’ rights and freedoms, honour and dignity, and to strictly observe the provisions of Ukraine’s Constitution and other laws. The study proved that the decision of the Constitutional Court of Ukraine, the Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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) and other legal acts do not give an accurate interpretation of such a constitutional concept, as dignity and its classifications (Constitutional Court of Ukraine, 2020CONSTITUTIONAL COURT OF UKRAINE. Regarding the Decree of the President of Ukraine No. 607/2020 “On removal from office of a judge of the Constitutional Court of Ukraine”. 2020. Available at: Available at: https://cutt.ly/5H6zGjW . Accessed on: 03 August 2023.
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). The Constitutional Court points out that the state should develop proper regulatory regulation, introduce an appropriate system for protecting human life, health and dignity, and guarantee compensation in case of violation of rights (Marmura, 2022MARMURA, O. Problems of regulating liability for criminal offences against the life and health of a person committed in the sphere of healthcare. Social and Legal Studios, v. 5, n. 4, p. 33-38, 2022.).

European constitutions and precedents of constitutional courts have developed different views on the definition of dignity. In the Federal Republic of Germany, the right of human dignity is consolidated in the decisions of the Federal Constitutional Court and is justified at the doctrinal level. In the field of developing, consolidating and guaranteeing the right to human dignity, the Federal Republic of |Germany’s practical and theoretical experiences can serve as a source of strengthening this right in Ukraine. The court defines it as a fundamental right that is closely linked to the government’s executive branch, as evidenced by Article 3 of Grundgesetz für die Bundesrepublik Deutschland (1949BMJ. Grundgesetz für die Bundesrepublik Deutschland. 1949. Available at: Available at: https://www.gesetze-im-internet.de/gg/BJNR000010949.html . Accessed on: 03 August 2023. [in German].
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). However, despite the connection of this right with the authorities, the state is strictly prohibited from interfering with this right, since this violates the right of human dignity. According to Article 1, paragraph 1, of Grundgesetz für die Bundesrepublik Deutschland (1949BMJ. Grundgesetz für die Bundesrepublik Deutschland. 1949. Available at: Available at: https://www.gesetze-im-internet.de/gg/BJNR000010949.html . Accessed on: 03 August 2023. [in German].
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), a person is protected from persecution, torture, labelling by the state or other persons. The German constitution (and the Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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) does not give a precise definition of the concept. It only prescribes general principles for protecting and ensuring the right. The Federal Constitutional Court of Germany emphasises that such uncertainty is a great advantage because, in this case, the concept retains some openness, which allows applying it in accordance with reality which is constantly being transformed. However, judicial practice shows that the right to dignity should be applied cautiously, because the broader the interpretation of the concept, the more likely it is that the inviolability of this right will lose its meaning (Kosilova, 2020aKOSILOVA, O. I. Interpretation of Article 21 of the Constitution of Ukraine in the context of European legal doctrine. Information and Law, v. 2, n. 33, p. 23-31, 2020a.).

Human dignity, in Germany, is explained as the “right to right”, and the Federal Constitutional Court interprets it as the main principle of the Constitution and a fundamental right. Grundgesetz für die Bundesrepublik Deutschland (1949BMJ. Grundgesetz für die Bundesrepublik Deutschland. 1949. Available at: Available at: https://www.gesetze-im-internet.de/gg/BJNR000010949.html . Accessed on: 03 August 2023. [in German].
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) does not define a specific date for the beginning of a person’s legal status, so attention should be paid to such a feature in the legal doctrine, as the unborn children’s right to dignity, which is related to the embryo’s legal status. The Federal Constitutional Court of Germany applies the “continuity thesis”, which is that the development of a fertilized egg forms a process that protects any gradation of legal protection (Leibo, 2019LEIBO, Y. I. Constitutional consolidation of fundamental rights in the Federal Republic of Germany. Moscow Journal of International Law, n. 1, p. 40-53, 2019.). The Polish Constitutional Court recognizes the concept as a fundamental value and the basis of the constitutional order. This value is important for the interpretation and implementation of provisions concerning human and civil rights and freedoms (Kravchenko, 2022KRAVCHENKO, L. Observance of the constitutional rights and freedoms of man and citizen during surveillance. Law Journal of the National Academy of Internal Affairs, v. 12, n. 2, p. 72-78, 2022. ). In the Republic of Poland’s practice, this value is defined as transcendental. This is explained by the fact that human dignity affects the law, but, at the same time, it remains outside it or even above the law. That is, human value is not the right itself, but only the source of law, as the value remains outside the limits of law. Without it, the man’s and citizen’s constitutional rights and freedoms would lose their meaning. In the Constitution of the Republic of Poland (1997SEJM. Constitution of the Republic of Poland. 1997. Available at: Available at: https://www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm . Accessed on: 03 August 2023.
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), dignity is the highest value, as stated in Article 30 of the Constitution, according to which human dignity is the basis of human and civil rights, freedoms and duties. There are no contradictions in Polish legislation regarding the definition of the nature of human dignity - whether it is a legal value or a norm, but on the contrary - they are determined by the facets of it. If dignity were only a constitutional value, it would lose its operational value in legal terms (Complak, 2002COMPLAK, K. O prawidłowe pojmowanie godności osoby ludskiej w RP. In: PREISNER, A. (ed.). Prawa i wolności obywatelskie w Konstytucji RP. Warszawa: Prawo, 2002. p. 63-79. [in Polish].).

The decision of the Hungarian Constitutional Court states that the right to life and human dignity is an absolute subjective right. It cannot be limited and reduced, since it is fundamental and remains an inviolable law. It is inviolable and it is legally prohibited to subject a person to medical or scientific research without free consent, torture, cloning, use of the human body, as a source of profit, and other actions that distort a person’s honour and dignity (Popovich, 2018POPOVICH, T. P. Constitutional level of consolidation of human rights and freedoms (experience of Poland and Hungary). National Bulletin of Uzhhorod National University, v. 53, n. 1, p. 61-65, 2018.; Karpushyna; Veresha, 2023KARPUSHYNA, М.; VERESHA, R. Aspects of legal regulation of national-level medical research. Scientific Journal of the National Academy of Internal Affairs, v. 28, n. 2, 61-70, 2023. ). Unlike Germany, where it is recognised that the embryo also enjoys the right to protection, the Hungarian Constitutional Court takes the opposite position. In one of its decisions, the court emphasises that the right of dignity should belong exclusively to the person, as well as to individuals, and not to legal entities. The court interprets human life and dignity as a single logical system, based on other fundamental rights. Judge L. Soluoma believes that the right to human dignity, in American, German and Hungarian legal practices, is the so-called “Mother” right, since it plays the same role in constitutions and international agreements. It is the basic norm (Chekharin, 2019CHEKHARIN, V. I. Social justice: constitutional ideal and social practice (from the constitutional and legal experience of Poland). Russian University of Peoples’ Friendship, v. 1, p. 146-154, 2019.).

From the analysis of literature, judicial practice and legislation, three main concepts of protecting the right to dignity can be distinguished. The first is the normative-positivist concept, which states that a person’s right is formally defined, which is provided with appropriate legal protection by the state. The second idea is socio-positivist. The right to dignity is consolidated in non-normative sources, so it can be protected by social and legal practice. In this case, the basis for defence is the fact of violation of this right. The third concept is natural law, which recognizes the human right to dignity as moral over legal value. In democratic countries, protection takes place through armed or peaceful revolutions, while in totalitarian countries, it may not be protected at all. After analysing all of the above, it can be stated that human dignity has two functions. The first is to form borders beyond which neither the state nor third parties have the right to violate them. A person is autonomous and remains a subject, not an object or means. This is emphasized in precedents and constitutions. The second function is to ensure equality. Dignity cannot be increased or decreased, since it is the basis of the status and is the legal capacity of everyone.

2 The legal nature of human dignity

In most countries, it exists along with other constitutional values in separate articles. In some constitutions, dignity is formulated independently, without a combination of other principles and values. It should be noted that this concept is not used at all in the constitutions, but appears in such European states’ judicial practices, as the Netherlands, France, Denmark, Malta and Norway. In European constitutions, dignity is defined as integral, inviolable, the highest source of human and civil rights and freedoms, the state’s basis and of the social peace and political order. The case-law of the courts supplements this concept with the appropriate content through abstract properties. Dignity is every person’s integral characteristic and a fundamental value that must be protected and respected (Melnyk, 2022MELNYK, N. Conceptual and categorical apparatus of the concepts of “right” and “law” and their relationship. Social and Legal Studios, v. 5, n. 1, p. 15-21, 2022. ). In Articles 1 and 5 of the Universal Declaration of Human Rights (1948VERKHOVNA RADA OF UKRAINE. Universal Declaration of Human Rights. 1948. Available at: Available at: https://zakon.rada.gov.ua/laws/show/995_015#Text . Accessed on: 03 August 2023.
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), it is noted that people are born free and equal in their rights and dignity. They are endowed with such values as reason and conscience. No one should be subjected to torture or other cruel and inhuman actions that degrade human dignity (Yurovska; Zhdankina, 2021YUROVSKA, G.; ZHDANKINA, L. Human dignity and gender equality: Constitutional metamorphoses. Bulletin of the Constitutional Court of Ukraine, v. 1, p. 1-14, 2021.).

The legal nature of it, in precedents, is often revealed through the so-called objective formula, which is generally used by the German Federal Constitutional Court, and other constitutional courts that borrow its judicial practice. The objective formula is that a person cannot be considered as an object, because this violates their dignity. The study of constitutions and precedents suggests that the legal nature of human dignity is determined in different ways. This creates certain legal consequences. This issue takes the position of diversity. In some cases, human dignity is a constitutional value or constitutional principle while, in others, it is an independent constitutional right. In most constitutions, dignity is used as a constitutional value and principle. Some constitutions directly use “principle” and “dignity”, while others use it along with other legal values. The right to human dignity is fundamental and includes three components: the right to public expression, the right to self-preservation and the individual’s right to self-determination. In addition, the right to dignity is interpreted as the right to receive social benefits. In Europe, the principle of dignity operates independently and regulates a certain range of relations. This principle applies in the field of scientific and medical research, in matters of termination of pregnancy, cloning, euthanasia, etc. (Bosek, 2012BOSEK, L. Prawo podstawowe do godności ludzkiej w Konstytucji RP. Warszawa: Prawo, 2012. [in Polish].).

The principle of basic minimum content of human dignity is put forward. It consists of three elements. The first is ontological. This element lies in an individual’s inner value, as a person. The second element, regulatory, consists in recognizing and respecting other values, and preventing actions, behavior on the others’ part or punishments that degrade human dignity. The third element concerns the human-state relationship. The state should exist for a person’s sake, not a person for the state’s sake. There is an additional element that says that it is forbidden to transform and use a person as a tool for achieving certain goals or for the goal itself (Scherbay, 2020SCHERBAY, I. Honor and dignity as human values. In: TERLYUK, I. Y. (ed.). The Phenomenon of the Nation-State and Law: Ukrainian and World Experience and Prospects: Proceedings of the Twelfth All-Ukrainian Scientific Conference. Lviv: Liha-Pres, 2020. p. 153-155).

3 The role of dignity in the system of constitutional values

Human dignity plays a central role in the system of constitutional values. Being the center of constitutional law, it creates an idea of a person as a unique self-determined being. It is a person’s pride or value as such, regardless of their biological or social characteristics. This implies all people’s principle of equality. This value reflects the uniqueness of each one. From the moment of birth, their dignity is equally equal to the others’ one. Human dignity and life are equally protected by the state, regardless of the duration of a person’s physical existence. Any invasion can disrupt human value, even when a person has not yet been born or is already dead. This right belongs to the human fetus, as well as to the body, after death. Awareness of this principle forms a person’s sense of self-esteem. Dignity refers to human value without taking into account its social status, profession and the like. The development of self-esteem depends on an individual’s development as a person. This principle is supported by representatives of the school of natural law. They believe that a certain list of inalienable human rights and freedoms belong to them from birth without any conditions and exceptions (Hribov, 2022HRIBOV, М. The covert cooperation in the mechanism of ensuring human rights. Law Journal of the National Academy of Internal Affairs, v. 12, n. 1, p. 48-58, 2022. ). Dignity is not lost over time, but can easily be violated by insulting or disrespecting one’s neighbor. Therefore, this value acts as a certain barrier that protects humanity from harm. It has a protective character, since it protects a person from violations of everything that is human and exists in them (Kosilova, 2020bKOSILOVA, O. I. Interpretation of the right to dignity in legal doctrine and in the practice of the federal constitutional court of Germany. Scientific Notes of TNU named after V. I. Vernadsky. Series: Legal Sciences, v. 31, n. 70, p. 41-46, 2020b.).

It is necessary to distinguish between the concepts of “human dignity” and “dignity of a person”. This is explained by the fact that, in scientific literature, the concept of “dignity of a person” is associated with a specific person or group of people, and “human dignity” acts as an ethical category. It is a person’s feature and property, and forms an idea of it. Dignity performs an important social function, namely, it not only demonstrates the qualities that are present in a person at the moment, but also forms an ideal image of the human. This function reveals the relationship “dignity of person” - “human dignity” when, on the one hand, each individual’s dignity affects the development of the ideal of the concept and, on the other one, the formed ideal has a certain influence on each person, and stimulates them to develop and improve themself. The biggest mistake, in theory and practice, is the identification of such concepts as dignity and freedom, although the relationship between the concepts is certainly present (Yaroshenko et al., 2019YAROSHENKO, O. M.; SLIUSAR, A. M.; SEREDA, O. H.; ZAKRYNYTSKA, V. O. Legal relation: The issues of delineation (on the basis of the civil law of Ukraine). Asia Life Sciences, v. 2, p. 719-734, 2019.). Unlike dignity, human freedom can be restricted. The European Convention on Human Rights (1950VERKHOVNA RADA OF UKRAINE. European Convention on Human Rights. 1950. Available at: Available at: https://zakon.rada.gov.ua/laws/show/995_004#Text . Accessed on: 03 August 2023.
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) defines the moments when a person is deprived of liberty. However, on the other hand, human dignity cannot be interpreted without freedom. In general, the juxtaposition of these concepts means a person’s neglect as a whole. Without dignity, freedom is an alienable value, and without freedom, human dignity is incomplete (Kostenko, 2020KOSTENKO, M. T. Philosophical explication of honor and dignity. Scientific Knowledge: Methodology and Technology, v. 1, n. 45, p. 69-74, 2020.).

In Ukrainian scientific literature, it is a source of human rights and freedoms, and cases that discredit dignity are considered a violation of human rights. Qualities and attributes that determine this concept are the basis of its rights, freedoms and legal status. It should be noted that the interpretation of human dignity, as a source of rights, is not the only approach to understanding its nature. It is the foundation of the legal system, encompassing constitutional law and constitutional value. However, after analyzing it, it can be stated that the principle of human dignity occupies a modest place in Ukraine’s constitutional legislation. Unlike many European constitutions, the Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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) does not recognize this concept as the basis of the constitutional system, the highest principle of constitutional law and the foundation of human rights. The Constitution of Ukraine (1996VERKHOVNA RADA OF UKRAINE. Constitution of Ukraine. 1996. Available at: Available at: https://cutt.ly/YH6o3VO . Accessed on: 03 August 2023.
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) recognizes it as the main social value, equalizes all people in dignity and prohibits any actions that violate human dignity from being applied to the human being. Failure to recognise it, as a constitutional value, leads to corresponding legal consequences, that is, sometimes laws restrict human rights and freedoms, thereby violating dignity. This approach to dignity limits the ability to develop a human rights institution, since there is no clear definition of what is its basis. Comparing it with the Constitution of the Republic of Poland (1997SEJM. Constitution of the Republic of Poland. 1997. Available at: Available at: https://www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm . Accessed on: 03 August 2023.
https://www.sejm.gov.pl/prawo/konst/rosy...
), it clearly defines that dignity is an integral natural value and not a social one, and acts as a source of human and civil rights and freedoms. According to the Constitution of the Republic of Poland (1997SEJM. Constitution of the Republic of Poland. 1997. Available at: Available at: https://www.sejm.gov.pl/prawo/konst/rosyjski/kon1.htm . Accessed on: 03 August 2023.
https://www.sejm.gov.pl/prawo/konst/rosy...
), dignity is inviolable, and protection and respect are the public authorities’ primary responsibility (Chistokolyaniy, 2019CHISTOKOLYANIY, Y. V. Understanding the dignity of a person in the constitutional law of the European powers, the European Union and Ukraine: the main powers. Actual Problems of State Jurisprudence, v. 1, p. 1-4, 2019.).

Among researchers, there are opinions that dignity is one of the social state’s principles. The social state’s main goal is to guarantee human dignity in all its aspects. Among the social state’s other principles, this principle should be considered the most abstract, since only such a state leads to the full affirmation of human dignity. The versatility of it, as a human being’s property, gives rise to a constant epistemological search for its essence. According to German researchers, the content of this concept changes over time, as it depends on the society’s development. It is precisely because of this that the German legal literature does not clearly define the interpretation of the concept of human dignity, since it is constantly updated. Dignity is an irrational concept. It is not given a logical definition and understanding, since there can be no boundaries for human nature. It is precisely because of this that the issue of dignity, respect and self-determination should occupy an appropriate place in every state governed by the rule of law, and be reflected in the implementation of policy. From the objective side, dignity is inherent in every person, but self-esteem (recognition by a person of themself as a value) is manifested only under certain circumstances that must be created by the state in relation to the person (Yurovska; Zhdankina, 2021YUROVSKA, G.; ZHDANKINA, L. Human dignity and gender equality: Constitutional metamorphoses. Bulletin of the Constitutional Court of Ukraine, v. 1, p. 1-14, 2021.).

A person’s dignity, as a subjective right, determines their position in society. That is, each person should be treated as independent, free and capable of development. Dignity, as an individual right, means a person’s characteristics, their life situation and psychophysical state. In this context, dignity is a kind of respect to which everyone has the right. Dignity, as a right, should be respected. European constitutions provide for human dignity as the citizen’s duty to respect the others’ dignity. In the precedents of the constitutional courts, this concept is used in justifying the limits of the realization of human and civil rights, the grounds for restricting constitutional rights (the right to freedom of expression, the right to property, the right to use and disseminate information, the right to economic initiative) and certain areas (biomedical, reproductive, the sphere of genetic technologies and scientific experiments, and the sphere of public court sessions), also the interpretation of responsibilities towards individuals (Witz, 2019WITZ, R. The invention of a new Hungary in the heat of revolution: Declaration of National Cooperation. Basic Law, v. 1, n. 128, p. 1-19, 2019.).

This concept is a special phenomenon that gives a special meaning to the individual, as a representative of the human race, and shows its value. Human dignity, through appropriate moral criteria, emphasizes the individual’s peculiarity and unsurpassability. From the moment of birth to natural death, a person’s dignity is equal to the others’ dignity. Regardless of race, nationality, social origin, beliefs or views, a person has a dignity that everyone should respect (Tereshkevych, 2019TERESHKEVYCH, H. Dignity and inviolability of human life as fundamental values of Ukrainian state-making concept. 2019. Available at: Available at: http://www.dy.nayka.com.ua/pdf/12_2019/56.pdf . Accessed on: 03 August 2023.
http://www.dy.nayka.com.ua/pdf/12_2019/5...
). Now, the public authorities’ main task is to recognize the dignity and inviolability of human life as the state’s fundamental value. Dignity is inherent in a person at all stages of their existence and implies respect for the following rights: to life, physical rights, politics (to self-determination), the right to movement (to citizenship), the right to association, economy (right to property), family and sexual rights, religious and communicative rights (Kelman; Kelman, 2022KELMAN, M.; KELMAN, R. Religion - a significant factor in law-making and law enforcement processes. Social and Legal Studios, v. 5, n. 2, p. 77-85, 2022.). After analyzing the European states’ practice and theory, it can be concluded that Ukraine should adopt a law, as soon as possible, that would guarantee the right to every life from fertilization of an egg to natural death and respect for human dignity.

The concept of dignity, despite its high rhetorical commitment, suffers from a lack of precise legal definition, which can undermine its protective capacity. This ambiguity often leaves its interpretation to the courts, leading to uncertainty despite the potential benefits of clarifying its meaning. The perception of dignity, as either absolute or limited significantly, influences the scope of rights protection, with its interpretation often blurred by its overlap with adjacent concepts, such as equality and liberty, further complicating the specification of associated rights. Moreover, there is a notable gap between the principle and implementation of dignity, highlighting that proclaimed dignity does not always translate into realized dignity. In addition, the universalism of dignity is challenged by cultural relativism and diverse values, creating tensions in its application. This issue becomes particularly pronounced when considering the application of dignity in the context of emerging technologies, where the law often struggles to keep pace with rapid societal change.

Conclusions

The findings of the study highlight the inherent connection between the right to life and human dignity found in constitutions worldwide. It emphasizes that human dignity is an inviolable right that cannot be restricted, even in extreme situations, such as war or emergencies. This multifaceted principle of dignity is fundamental to the modern European nations’ social and constitutional values, and democratic frameworks. It is the cornerstone of human and civil rights, fundamental in upholding social harmony, political structure and the overarching constitutional state. Dignity, being an innate birthright until death, prohibits any cruel conduct and guards an individual’s autonomy and impartiality.

Nevertheless, the research presents diverse construals and implementations of dignity amidst various constitutional and legal frameworks. For instance, in Poland, dignity is considered a transcendent value that affects the law from a position of superiority. In contrast, Ukraine predominantly views dignity as a social value, and its constitution lacks a clear definition, instead amalgamating it with other constitutional and social values. In Germany, dignity is seen as the basis for all other rights, whilst in Hungary, it is regarded as an unassailable right. These insights hold great significance for Ukraine and the wider international community. They emphasize the importance of a clearly articulated and legally robust concept of human dignity, which serves to ensure social peace and political stability. Furthermore, they highlight the need for Ukraine to refine its legal framework and provide a more precise and actionable definition of dignity, aligning it with broader international perspectives and practices. However, this study has limitations. It mainly concentrates on certain European nations’ constitutional and judicial practices, possibly neglecting various interpretations and applications of dignity in different global environments. This constraint could impact the universality of the study of its findings.

Nonetheless, it provides a crucial analysis for policymakers, legal practitioners and human rights advocates in terms of practical significance. This study offers a comparative analysis that can guide the development of more comprehensive legal frameworks and policies, which effectively protect human dignity. Specifically, it serves as a catalyst for Ukraine’s legal reform, a guide to align its constitutional practices with its European counterparts, and enhance its legal and effectiveness of social systems in safeguarding human dignity.

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Publication Dates

  • Publication in this collection
    21 June 2024
  • Date of issue
    2024

History

  • Received
    27 Sept 2023
  • Accepted
    08 Dec 2023
  • Published
    30 May 2024
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