Dignity is a human's contentment attained by satisfying physiological needs and a need in development. The content of contemporary dignity is derived in the
new natural law theory as a distinct human good.
As an extension of the
Enlightenment-era concept of human rights, dignity is considered the
right
Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...
of a person to be valued and respected for their own sake, and to be treated ethically. In this context, it is of significance in
morality
Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principle ...
,
ethics
Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches inclu ...
,
law and
politics
Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
, and the term is often used to describe personal conduct as "behaving with dignity".
Dignity is also recognized in the
Universal Declaration of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...
of 1948. In Article 1, it is stipulated that 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood'.
Etymology
The English word "dignity", attested from the early 13th century, comes from
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
concept of ', variously translated as "worthiness" or "prestige",
by way of
French '.
Modern use
English-speakers often use the word "dignity" in proscriptive and cautionary ways: for example, in
politics
Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
it can be used to critique the treatment of oppressed and
vulnerable groups and peoples, but it has also been applied to
culture
Culture ( ) is a concept that encompasses the social behavior, institutions, and Social norm, norms found in human societies, as well as the knowledge, beliefs, arts, laws, Social norm, customs, capabilities, Attitude (psychology), attitudes ...
s and
sub-cultures, to
religious beliefs and ideals, and even to animals used for food or research.
"Dignity" also has descriptive meanings pertaining to the ''worth'' of human beings. In general, the term has various functions and meanings depending on how the term is used and on the context.
In ordinary modern usage, the word denotes "
respect
Respect, also called esteem, is a positive feeling or deferential action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also th ...
" and "
status", and it is often used to suggest that someone is not receiving a proper degree of
respect
Respect, also called esteem, is a positive feeling or deferential action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also th ...
, or even that they are failing to treat themselves with proper self-respect. There is also a long history of special
philosophical use of this term. However, it is rarely defined outright in
political
Politics () is the set of activities that are associated with decision-making, making decisions in social group, groups, or other forms of power (social and political), power relations among individuals, such as the distribution of Social sta ...
,
legal, and
scientific
Science is a systematic discipline that builds and organises knowledge in the form of testable hypotheses and predictions about the universe. Modern science is typically divided into twoor threemajor branches: the natural sciences, which stu ...
discussions. International proclamations have thus far left dignity undefined, and scientific commentators, such as those arguing against
genetic research and
algeny, cite dignity as a reason but are ambiguous about its application.
Aurel Kolnai states:
Dignity also tends to connote the features of self-contained serenity, of a certain inward and toned-down but yet translucent and perceptible power of self-assertion: the dignified type of character is chary of emphatic activity rather than sullenly passive, perhaps impassive rather than impassible, patient rather than anxiously defensive, and devoid but not incapable of aggressiveness.
Sergey Donskoy employed the objective approach to delineating basic goods of a human and defined dignity as a distinct
human good. The ethical values, such as worth, respect or esteem of a human, are related to 'human convictions' which is another basic good.
Infringements
Categories
Human dignity can be infringed in multiple ways. The main categories of infringements:
[ ]
;
Humiliation: Violations of human dignity in terms of humiliation refer to acts that humiliate or diminish the self-worth of a person or a group. Acts of humiliation are context dependent but we normally have an intuitive understanding where such a violation occurs. As Schachter noted, "it has been generally assumed that a violation of human dignity can be recognized even if the abstract term cannot be defined. 'I know it when I see it even if I cannot tell you what it is. More generally, etymology of the word "humiliation" has a universal characteristic in the sense that in all languages the word involves "downward spatial orientation" in which "something or someone is pushed down and forcefully held there". This approach is common in judicial decisions where judges refer to violations of human dignity as injuries to people's self-worth or their self-esteem.
; Instrumentalization or
objectification: This aspect refers to treating a person as an instrument or as means to achieve some other goal. This approach builds on
Immanuel Kant
Immanuel Kant (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works ...
's moral imperative stipulating that we should treat people as ends or goals in themselves, namely as having ultimate moral worth which should not be instrumentalized.
; Degradation: Violations of human dignity as degradation refer to acts that degrade the value of human beings. These are acts that, even if done by consent, convey a message that diminishes the importance or value of all human beings. They consist of practices and acts that modern society generally considers unacceptable for human beings, regardless of whether subjective humiliation is involved, such as selling oneself to
slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
, or when a state authority deliberately puts prisoners in inhuman living conditions.
;
Dehumanization: These are acts that strip a person or a group of their human characteristics. It may involve describing or treating them as animals or as a lower type of human beings. This has occurred in
genocide
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who first coined the term, defined genocide as "the destruction of a nation or of an ethnic group" by ...
s such as the
Holocaust and in
Rwanda
Rwanda, officially the Republic of Rwanda, is a landlocked country in the Great Rift Valley of East Africa, where the African Great Lakes region and Southeast Africa converge. Located a few degrees south of the Equator, Rwanda is bordered by ...
where the minority were compared to insects.
Examples
Some of the practices that infringe human dignity include
torture
Torture is the deliberate infliction of severe pain or suffering on a person for reasons including corporal punishment, punishment, forced confession, extracting a confession, interrogational torture, interrogation for information, or intimid ...
,
rape,
social exclusion,
labor exploitation,
bonded labor, and
slavery
Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
.
Both absolute and relative poverty are infringements of human dignity, although they also have other significant dimensions, such as
social injustice.
Absolute poverty is associated with overt exploitation and connected to humiliation (for example, being forced to eat food from other people's garbage), but being dependent upon others to stay alive is a infringement of dignity even in the absence of more direct violations.
Relative poverty, on the other hand, is an infringement upon dignity because the cumulative experience of not being able to afford the same clothes, entertainment, social events, education, or other features of typical life in that society results in subtle humiliation; social rejection; marginalization; and consequently, a diminished self-respect.
Another example of dignity infringement, especially for women in developing countries, is lack of
sanitation. Having no access to
toilet
A toilet is a piece of sanitary hardware that collects human waste (urine and feces) and sometimes toilet paper, usually for disposal. Flush toilets use water, while dry or non-flush toilets do not. They can be designed for a sitting p ...
s leaves currently about 1 billion people of the world with no choice other than to
defecate in the open, which has been declared by the
Deputy Secretary-General of the United Nations as an affront to personal dignity. Human dignity is also infringed by the practice of employing people in India for "
manual scavenging" of
human excreta from unsanitary toiletsusually by people of a lower
caste
A caste is a Essentialism, fixed social group into which an individual is born within a particular system of social stratification: a caste system. Within such a system, individuals are expected to marry exclusively within the same caste (en ...
, and more often by women than men.
Female genital mutilation
Female genital mutilation (FGM) (also known as female genital cutting, female genital mutilation/cutting (FGM/C) and female circumcision) is the cutting or removal of some or all of the vulva for non-medical reasons. Prevalence of female ge ...
(FGM) has been considered by
Pope Francis I to be an example of a practice that infringes human dignity.
The movie ''
The Magic Christian'' depicts a wealthy man (
Peter Sellers) and his son (
Ringo Starr) who test the limits of dignity by forcing people to perform self-degrading acts for money. The ''
Simpsons'' episode "
Homer vs. Dignity" has a similar plot.
Philosophical history
Pico della Mirandola
A philosopher of the Renaissance,
Pico della Mirandola, granted dignity to ideas and to beings. In his "
Oration on the Dignity of Man", he told hostile clerics about the dignity of the liberal arts and about the dignity and the glory of
angels. His comments implied the dignity of philosophers. This oration is commonly seen as one of the central texts of the
Renaissance
The Renaissance ( , ) is a Periodization, period of history and a European cultural movement covering the 15th and 16th centuries. It marked the transition from the Middle Ages to modernity and was characterized by an effort to revive and sur ...
, intimately tied with the growth of humanist philosophies.
Immanuel Kant
A philosopher of the
Age of Enlightenment
The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...
(18th century),
Immanuel Kant
Immanuel Kant (born Emanuel Kant; 22 April 1724 – 12 February 1804) was a German Philosophy, philosopher and one of the central Age of Enlightenment, Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works ...
held that there were things that should not be discussed in terms of value, and that these things could be said to have dignity. '
Value' is necessarily relative, because the value of something depends on a particular observer's judgment of that thing. Things that are ''not'' relativethat are "ends in themselves", in Kant's terminologyare by extension beyond all value, and a thing is an ''end in itself'' only if it has a moral dimension; if it represents a choice between right and wrong. In Kant's words: "
Morality
Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principle ...
, and
humanity as capable of it, is that which alone has dignity." Specifically with respect to human dignity, which his writings brought from relative obscurity in Western philosophy into a focal point for philosophers, Kant held that "free will" is essential; human dignity is related to human agency, the ability of humans to choose their own actions.
Mortimer Adler and Alan Gewirth
Philosophers of the late 20th century who have written significant works on the subject of dignity include
Mortimer Adler and
Alan Gewirth.
Gewirth's views on human dignity are typically compared and contrasted with Kant's, for like Kant he theorizes that human dignity arises from agency.
But while sharing Kant's view that rights arise from dignity, Gewirth focused far more than Kant on the positive obligations that dignity imposed on humans, the moral requirement not only to avoid harming but to actively assist one another in achieving and maintaining a state of "well-being".
Among other topics, including the dignity of labor,
Adler extensively explored the question of human equality and equal right to dignity. According to Adler, the question of whether humans have equal right to dignity is intrinsically bound in the question of whether human beings are truly equal, which itself is bound in the question of whether human beings are a distinct class from all things, including animals, or vary from other things only by degree. Adler wrote that the only sense in which it is true that all human beings are equal is that they are equally distinct from animals. "The dignity of man," he said, "is the dignity of the human being as a person—a dignity that is not possessed by things." To Adler, failure to recognize the distinction challenged the right of humans to equal dignity and equal treatment.
Others
Dan Egonsson, followed by Roger Wertheimer, argued that while it is conventional for people to equate dignity with 'being human' (Egonsson's 'Standard Attitude', Wertheimer's 'Standard Belief'), people generally also import something other than mere humanness to their idea of dignity. Egonsson suggested that an entity must be both human and ''alive'' to merit an ascription of dignity, while Wertheimer states "it is not a definitional truth that human beings have human status."
According to
Arthur Schopenhauer
Arthur Schopenhauer ( ; ; 22 February 1788 – 21 September 1860) was a German philosopher. He is known for his 1818 work ''The World as Will and Representation'' (expanded in 1844), which characterizes the Phenomenon, phenomenal world as ...
, dignity is opinion of others about our worth and subjective definition of dignity is our fear from this opinion of others.
Karl Marx
Karl Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, political theorist, economist, journalist, and revolutionary socialist. He is best-known for the 1848 pamphlet '' The Communist Manifesto'' (written with Friedrich Engels) ...
's views on dignity were complex, and debates over the role of dignity in his thought relate to the question of whether Marx's critique of capitalism had a moral dimension. Marx wrote positively about dignity in
his early work, and suggested it could underpin his theory of
alienation; however he elsewhere rejected the view that humans have a right to dignity, and argued that moral norms could not form the basis of a critique of capitalism because they form part of society's ideological
superstructure
A superstructure is an upward extension of an existing structure above a baseline. This term is applied to various kinds of physical structures such as buildings, bridges, or ships.
Aboard ships and large boats
On water craft, the superstruct ...
. The philosopher Somogy Varga argues that Marx's account of dignity forms part of a critique of Kantian ethics as unjustifiably imagining moral values to be
transhistorical rather than emerging from historical processes and social practices.
More recently, Philippe-André Rodriguez has argued that human dignity is best understood as an
essentially contested concept. As he argues, "it seems that it is this very nature of the concept that has allowed, on the one hand, human rights to receive such international acceptance as a theoretical enterprise and, on the other hand, has led the concept to be constantly challenged by different cultures worldwide."
Religion
Human dignity is a central consideration of
Christian philosophy.
The
Catechism of the Catholic Church
The ''Catechism of the Catholic Church'' (; commonly called the ''Catechism'' or the ''CCC'') is a reference work that summarizes the Catholic Church's doctrine. It was Promulgation (Catholic canon law), promulgated by Pope John Paul II in 1992 ...
insists that the "dignity of the human person is rooted in his or her creation in the
image and likeness of
God
In monotheistic belief systems, God is usually viewed as the supreme being, creator, and principal object of faith. In polytheistic belief systems, a god is "a spirit or being believed to have created, or for controlling some part of the un ...
". "All human beings", says the
Church, "in as much as they are created in the image of God, have the dignity of a person." The catechism states that "the right to the exercise of freedom, especially in moral and religious matters, is an inalienable requirement of the dignity of the human person", and also links
animal welfare
Animal welfare is the quality of life and overall well-being of animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures ...
to human dignity: "it is contrary to human dignity to cause animals to suffer or die needlessly".
The Catholic Church proclaims the equal dignity of all people, regardless of their living conditions or qualities. This dignity "comes from the love of the Creator" for humans that are created in his image; this dignity was further elevated by the incarnation and resurrection of Christ, since it caused humans to share the nature of God. Specifically, human dignity is intrinsic to human persons, and does not spring from agency or free will.
Human dignity, or ''kevod ha-beriyot'', is also a central consideration of
Judaism
Judaism () is an Abrahamic religions, Abrahamic, Monotheism, monotheistic, ethnic religion that comprises the collective spiritual, cultural, and legal traditions of the Jews, Jewish people. Religious Jews regard Judaism as their means of o ...
.
''
Talmud
The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...
'' cautions against giving charity publicly rather than in private to avoid offending the dignity of the recipient.
Medieval Jewish philosopher
Maimonides
Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...
, in his codification of ''
Halakha
''Halakha'' ( ; , ), also Romanization of Hebrew, transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Judaism, Jewish religious laws that are derived from the Torah, Written and Oral Torah. ''Halakha'' is ...
'', cautioned judges to preserve the self-respect of people who came before them: "Let not human dignity be light in his eyes; for the respect due to man supersedes a negative rabbinical command".
An
Islam
Islam is an Abrahamic religions, Abrahamic monotheistic religion based on the Quran, and the teachings of Muhammad. Adherents of Islam are called Muslims, who are estimated to number Islam by country, 2 billion worldwide and are the world ...
ic view of dignity is crystallized in the Quran through the selected biographies of Noah, Abraham, Joseph, David, Moses, Mary, Jesus, Muhammed, and others (differing from the narratives in the Bible, which the Quran claims were corrupted). Individuals such as these are presented as role-models of dignity because they did not abandon their self-respect by bowing to social pressures. When faced with the fear of disapproval, poverty, hunger, death etc. these individuals held firm in their sense of right and wrong, which was in-line with Divine ordinances. "The right course is that on which one keeps his attitudes, ambitions and requirements subjected to the Divine Laws; and in this way leads a balanced and graceful life. Such a person has grasped the most trustworthy support which will never fail him" (Quran 31:22). Such individuals are given the title of Muhsineen, who faced immense pressures but held firm in their positive actions. God awarded these individuals with authority and status in the land, and this reward is open to anyone who proves themselves worthy: "We bestow such honour and position on all those who lead their lives according to Our Laws." (Quran 37:80)
Those who fall into this category are also afforded Divine protection from their mistakes: "Therefore We have saved you and your son from this. We have done so because We keep those who lead their lives according to Divine guidance safe from such mishaps." (37:104–105)
The Quranic State that Muhammad began in Medinah sought to protect human dignity, since in a Quranic Welfare State individuals are free to work and live without the pressures faced by the threat of poverty, and thus can obey God's Laws as free individuals, contributing as part of a unified brotherhood working towards achieving humanity's full potential. Elaborations on dignity have been made by many scholars of Islam, such as
Mohammad-Ali Taskhiri, head of the Islamic Culture and Communications Organization in
Iran
Iran, officially the Islamic Republic of Iran (IRI) and also known as Persia, is a country in West Asia. It borders Iraq to the west, Turkey, Azerbaijan, and Armenia to the northwest, the Caspian Sea to the north, Turkmenistan to the nort ...
, in 1994. According to Taskhiri, dignity is a state to which all humans have equal ''potential'', but which can only be actualized by living a life pleasing to the eyes of God.
This is in keeping with the 1990
Cairo Declaration on Human Rights in Islam, which states that "True faith is the guarantee for enhancing such
asic humandignity along the path to human perfection".
Ultimately, the
Buddhist
Buddhism, also known as Buddhadharma and Dharmavinaya, is an Indian religion and List of philosophies, philosophical tradition based on Pre-sectarian Buddhism, teachings attributed to the Buddha, a wandering teacher who lived in the 6th or ...
understanding of human dignity is rooted in the idea that people are able to choose the path of self-perfection. The state of self-perfection, a condition of fully developed courage, wisdom and compassion, is described as Buddhahood or enlightenment. The idea that all people—all life, in fact—have this potential is expressed by the concept, stressed particularly in the
Mahayana
Mahāyāna ( ; , , ; ) is a term for a broad group of Buddhist traditions, Buddhist texts#Mahāyāna texts, texts, Buddhist philosophy, philosophies, and practices developed in ancient India ( onwards). It is considered one of the three main ex ...
tradition, that all living beings possess Buddha nature.
United Nations Universal Declaration of Human Rights
Medicine
In the 20th century, dignity became an issue for physicians and medical researchers. It has been invoked in questions of the
bioethics of
human genetic engineering,
human cloning, and
end-of-life care (particularly in such situations as the
Terri Schiavo case, a controversial situation in which life support was withdrawn from a woman diagnosed in a
persistent vegetative state
A vegetative state (VS) or post-coma unresponsiveness (PCU) is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state, the patie ...
).
International bodies
In June 1964, the
World Medical Association issued the ''
Declaration of Helsinki''. The Declaration says at article 11, "It is the duty of physicians who participate in medical research to protect the life, health, dignity,
integrity, right to
self-determination
Self-determination refers to a people's right to form its own political entity, and internal self-determination is the right to representative government with full suffrage.
Self-determination is a cardinal principle in modern international la ...
,
privacy
Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively.
The domain of privacy partially overlaps with security, which can include the concepts of a ...
, and confidentiality of personal information of research subjects."
The
Council of Europe
The Council of Europe (CoE; , CdE) is an international organisation with the goal of upholding human rights, democracy and the Law in Europe, rule of law in Europe. Founded in 1949, it is Europe's oldest intergovernmental organisation, represe ...
invoked dignity in its effort to govern the progress of biology and medicine. On 4 April 1997, the council, at Oviedo, approved the ''
Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine''. The convention's preamble contains these statements, among others:
The Convention states, "Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine."
In 1998, the United Nations mentioned dignity in the ''UNESCO Declaration on the Human Genome and Human Rights''. At Article 2, the declaration states, "Everyone has a right to respect for their dignity." At Article 24, the declaration warns that treating a person to remove a genetic defect "could be contrary to human dignity." The ''Commentary'' that accompanies the declaration says that, as a consequence of the possibility of germ-line treatment, "it is the very dignity of the human race which is at stake."
Canada
In 1996, the Government of Canada issued a report entitled "New Reproductive and Genetic Technologies". The report used "the principles of respect for human life and dignity" as its reason for recommending that various activities associated with genetic research and human reproduction be prohibited. The report said the prohibited activities were "contrary to
Canadian values of equality and respect for human life and dignity."
Denmark
The Ministry of Health enacted the ''Danish Council Act 1988'', which established the Danish Council of Ethics. The Council advises the Ministry on matters of medicine and genetic research on humans. In 2001, the Council condemned "reproductive cloning because it would violate human dignity, because it could have adverse consequences for the cloned person and because permitting research on reproductive cloning would reflect a disregard for the respect due to the moral status of embryos."
France
In 1984, France set up the National Consultative Committee for Ethics in the Life and Health Sciences (CCNE) to advise the government about the regulation of medical practices and research. In 1986, the CCNE said, "Respect for human dignity must guide both the development of knowledge and the limits or
rules to be observed by research." The CCNE said that research on human embryos must be subject to "the rule of reason" and must have regard for "undefined dignity in its practical consequences."
[CCNE Opinion no. 8.]
The CCNE insisted that, in research on human embryos, the ethical principles that should apply are "respecting human dignity" and respecting "the dignity of science."
[
]
Portugal
The National Council of Ethics of Portugal published its ''Opinion on the Ethical Implications of Cloning'' in 1997. The opinion states, "the cloning of human beings, because of the problems it raises concerning the dignity of the human person, the equilibrium of the human species and life in society, is ethically unacceptable and must be prohibited."
Sweden
Sweden's ''The Genetic Integrity Act'' (2006:351), ''The Biobanks in Medical Care Act'' (2002:297), ''Health and Medical Services (Professional Activities) Act'' (1998:531), and ''The Health and Medical Services Act'' (1982:763) all express concern for "the integrity of the individual" or "human dignity."
United States
In 2008, The President's Council on Bioethics tried to arrive at a consensus about what dignity meant but failed. Edmund D. Pellegrino, M.D., the council's chairman, says in the Letter of Transmittal to the President of The United States, "… there is no universal agreement on the meaning of the term, human dignity."
Law
McDougal, Lasswell, and Chen studied dignity as a basis for international law. They said that using dignity as the basis for laws was a "natural law
Natural law (, ) is a Philosophy, philosophical and legal theory that posits the existence of a set of inherent laws derived from nature and universal moral principles, which are discoverable through reason. In ethics, natural law theory asserts ...
approach." The natural law approach, they said, depends upon "exercises of faith." McDougal, Lasswell, and Chen observed:
Canada
In 2004, Canada enacted the '' Assisted Human Reproduction Act''. Section 2(b) of the Act states, "the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research." The Act prescribes a fine not exceeding $500,000 or imprisonment for a term not exceeding ten years, or both, if someone undertakes a proscribed activity such as the creation of a chimera.
European Union
Article 1 of the Charter of Fundamental Rights of the European Union affirms the inviolability of human dignity.
France
In 1997, the National Consultative Committee for Ethics in the Life and Health Sciences, as well as other observers, noted that France's dignity-based laws on bio-medical research were paradoxical. The law prohibited the willful destruction of human embryos but directed that human embryos could be destroyed if they were more than five years old.[CCNE Opinion no. 053.]
The law prohibited research on human embryos created in France but permitted research on human embryos brought to France.[ The law prohibited researchers from creating embryos for research but allowed researchers to experiment with embryos that were superfluous after ''in vitro'' fertilization.
]
Germany
Human dignity is the fundamental principle of the German constitution. Article 1, paragraph 1 reads: "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." Human dignity is thus mentioned even before the right to life. This has a significant impact on German law-making and jurisdiction in both serious and trivial items:
*Human dignity is the basis of § 131 of the German criminal code, which prohibits the depiction of cruelty against humans in an approving way. § 131 has been used to confiscate horror movies and to ban video game
A video game or computer game is an electronic game that involves interaction with a user interface or input device (such as a joystick, game controller, controller, computer keyboard, keyboard, or motion sensing device) to generate visual fe ...
s like '' Manhunt'' and the '' Mortal Kombat'' series.
*A decision by the German Federal Constitutional Court in 1977 said life imprisonment
Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...
without the possibility of parole is unconstitutional as a violation of human dignity (and the ''Rechtsstaat
''Rechtsstaat'' (; lit. "state of law"; "legal state") is a doctrine in continental European legal thinking, originating in Germany, German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", state of l ...
'' principle). Today, a prisoner serving a life term can be granted parole on good behavior as early as 15 years after being incarcerated, provided that his release is held to constitute little danger to the public. Persons deemed still dangerous can be incarcerated indefinitely on a life term, if this judgment is regularly reaffirmed.
*§ 14(3) of the Luftsicherheitsgesetz, which would have allowed the Bundeswehr to shoot down airliners if they are used as weapons by terrorists, was declared unconstitutional mainly on the grounds of human dignity: killing a small number of innocent people to save a large number cannot be legalized since it treats dignity as if it were a measurable and limited quantity.
*A Benetton advertisement showing human buttocks with an " H.I.V. positive" stamp was declared a violation of human dignity by some courts, but in the end found legal.
*The first German law legalizing abortion
Abortion is the early termination of a pregnancy by removal or expulsion of an embryo or fetus. Abortions that occur without intervention are known as miscarriages or "spontaneous abortions", and occur in roughly 30–40% of all pregnan ...
in 1975 was declared unconstitutional because the court held that embryos had human dignity. A new law on abortion was developed in the 1990s. This law makes all abortions ''de jure'' illegal, except if preceded by counseling (§ 219(1) of the German criminal code).
*In a decision from 1981, the German Federal Administrative Court declared that peep shows violated the human dignity of the performer, regardless of their feelings. The decision was later revised. Peep shows where the performer cannot see the persons who are watching them remain prohibited as a matter of dignity.
India
The word 'dignity' is mentioned in the Preamble to the Constitution of India:
The preamble is widely regarded as the backbone of the Indian constitution, and is seen as embodying its spirit. There have been instances where in contentious situations like the passing of th
Citizenship Amendment Act, 2019
criticisms have been made by recalling the constitutional Values of dignity and national integrity, as mentioned in the Preamble.
Iran
The need to respect human dignity has been written in the Iranian constitution law. Article 2 of the Iranian Constitution Law mentions six principles and infrastructures as basic to the governing system which in Article 1 is called the Islamic Republic of Iran. The sixth principle of this Article concerns human dignity and stipulates that "the Islamic Republic of Iran is a system founded on faith in ….6) Human dignity and high value and his/her freedom as well as his responsibility before God" Besides, in the prelude to the Constitution, human dignity is referred to concerning the mass media.
South Africa
The Constitution of South Africa lists "human dignity, the achievement of equality and the advancement of human rights and freedoms" as one of the founding values of the South African state, and the Bill of Rights is described as affirming the "democratic values of human dignity, equality and freedom". Section 10 of the Constitution explicitly states that "Everyone has inherent dignity and the right to have their dignity respected and protected." In jurisprudence, the right to dignity is often seen as underlying more specific rights, such as equality, security of the person or privacy, but it has been directly applied in a number of cases relating to criminal punishment, the law of defamation, and the right to marriage and family life.
Switzerland
The Swiss Federal Constitution provides in article 7 that "Human dignity must be respected and protected." It also provides, in art. 120, that the state must "take account of the dignity of living beings as well as the safety of human beings, animals and the environment" when legislating on the use of reproductive and genetic material; consequently the Federal Ethics Commission on Non-Human Biotechnology (ECNH) issued, in 2008, a publication entitled "The dignity of living beings with regard to plants".
See also
* Admiration
* Anger
Anger, also known as wrath ( ; ) or rage (emotion), rage, is an intense emotional state involving a strong, uncomfortable and non-cooperative response to a perceived provocation, hurt, or threat.
A person experiencing anger will often experie ...
* Autonomy
In developmental psychology and moral, political, and bioethical philosophy, autonomy is the capacity to make an informed, uncoerced decision. Autonomous organizations or institutions are independent or self-governing. Autonomy can also be ...
* Beyond Freedom and Dignity
* Dignity of risk
* Dignity in dying
* Dignity taking
* Humanity (virtue)
* Human rights
Human rights are universally recognized Morality, moral principles or Social norm, norms that establish standards of human behavior and are often protected by both Municipal law, national and international laws. These rights are considered ...
* Identity performance
* Impression management
Impression management is a conscious or subconscious process in which people attempt to influence the perceptions of other people about a person, object or event by regulating and controlling information in social interaction.Sanaria, A. D. (2016 ...
* Industriousness
* Justice
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
* Pride
Pride is a human Emotion, secondary emotion characterized by a sense of satisfaction with one's Identity (philosophy), identity, performance, or accomplishments. It is often considered the opposite of shame or of humility and, depending on conte ...
* Pity
* Quality of life
* Respect
Respect, also called esteem, is a positive feeling or deferential action shown towards someone or something considered important or held in high esteem or regard. It conveys a sense of admiration for good or valuable qualities. It is also th ...
* Righteous indignation
* Self-concept
In the psychology of self, one's self-concept (also called self-construction, self-identity, self-perspective or self-structure) is a collection of beliefs about oneself. Generally, self-concept embodies the answer to the question ''"Who am I? ...
* Self-determination theory
* Self-esteem
* Self-respect
* Stigma management
References
Further reading
*
* Andorno, Roberto
"Human dignity and human rights as a common ground for a global bioethics"
Journal of Medicine and Philosophy, 2009, 34(3):223–240.
* Saccà, Luigi. "A Biophilosophical Model of Human Dignity: The Argument from Development in a Four-Dimensionalist Perspective". International Journal of Applied Philosophy, 2013, 27(2):175–194.
* Folot, Eric. "Human Dignity (Part 1): Its Critics" https://ssrn.com/abstract=2354171 and http://www.legavox.fr/blog/ethos/dignite-humaine-partie-detracteurs-12702.htm
* Thomas De Koninck, ''De la dignité humaine'', Paris, Quadrige/PUF, 1995, 2nd ed. in 2002 (Award "La Bruyère" of the Académie française, 1996).
* Thomas De Koninck, "Protecting Human Dignity in Research Involving Humans", ''Journal of Academic Ethics'', vol. 7, issue 1–2, 2009, pp. 17–25.
* Pele, Antonio.
Una aproximación al concepto de dignidad humana
Universitas. Revista de filosofía, derecho y política (Spain), Nº. 1, 2004 2005, pp. 9–13.
* Piechowiak, Marek. ''Plato's Conception of Justice and the Question of Human Dignity.'' Berlin: Peter Lang, 2019; second edition, revised and extended, Berlin: Peter Lang 2021. .
* Sweet, William
'Whose Dignity is it Anyway? Lecture presented as part of the 'Breakfast on the Hill' series, Parliament Hill, Ottawa, Canada, May 2007.
Dignity Spiritualwiki
* Dilley, Stephen and Nathan Palpant (eds.), ''Human Dignity in Bioethics. From Worldviews to the Public Square.'' New York: Routledge, 2013
* Spiegel, Alix
''For The Dying, A Chance To Rewrite Life''
Radio Feature about ''dignity therapy'', an ''end-of-life treatment'' created Harvey Chochinov, NPR, 12. September 2011.
* Salehi, Hamid Reza. "Human Dignity From the Viewpoint of Iranian Law", ''Journal of Bioethical Inquiry'', Volume 10, Issue 2, June 2013, 135–136. .
External links
*
{{Authority control
Autonomy
Constitutional law
Concepts in ethics
Honour
Human rights concepts
Morality
Positive mental attitude
Psychological attitude
Social graces