Human Dignity. The Philosophical Background of Human Dignity Kant – Human Dignity: „Act in such a way that you treat humanity, whether in your own person.

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Presentation transcript:

Human Dignity

The Philosophical Background of Human Dignity Kant – Human Dignity: „Act in such a way that you treat humanity, whether in your own person or in the person of another, always at the same time as an end and never simply as a means." (anti-utilitarian) Human Dignity is connected to the nature of man and is unseparable

Barak’s Concept Four aspects of human dignity 1) Recognition as human being (equality) 2) Freedom of will (self-determination) 3) Welfare 4) Ends, not means

The Nature of Dignity Right? (Too complex) Principle Value Combination – Underlying principle which provides a basis for more specific human rights

The Aspects of Human Dignity Relatively vague principle (a lot of criticism) Connection to: Right to life, Prohibition of Torture, Right to privacy, bodily integrity and self-determination, Prohibition of Discrimination,(Social Rights?)

Prohibition of Torture Content – Art. 3 ECHR, 7/2 Czech Charter etc. Specifics: Absolute nature? (v. quallified) Discuss Gafgen v. Germany Torture, Inhuman treatment,

Right to Privacy and BSD Transexual Case Physical Integrity Law and Medicine

Human Dignity in Private Law Mephisto Case Generally: FoE x Dignity