Human Dignity in Iceland

In Paolo Becchi & Klaus Mathis (eds.), Handbook of Human Dignity in Europe. Springer Verlag. pp. 415-429 (2019)
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Abstract

Human dignity is not explicitly used in the Icelandic constitution and it is not in general use as a legal term in Iceland. The concept entered into Icelandic law in the twentieth century via international instruments which refer to it, some of which have also formed the basis for constitutional amendments.Human dignity seems to be viewed as the foundation of human rights and therefore indirectly as an important principle of the Icelandic constitution, even though it is not mentioned in the text or the preparatory works. This is evidenced by the parliamentary records concerning the Draft Constitution of 2011 and by practice. As such, it is not easily enforceable alone but has value for interpretation and as a general principle.Human dignity plays a role in many legislative Acts in the field of health law and has been referred to by the courts and the Parliamentary Ombudsman a few times.One must be careful to note, that the lack of usage of the term human dignity does not necessarily entail that human dignity is insufficiently protected in a particular jurisdiction. Some practice and the main fields in which the term could be important are therefore discussed here.

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