"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

"Human dignity" has been enshrined in international agreements and national constitutions as a fundamental human right. The World Medical Association calls on physicians to respect human dignity and to discharge their duties with dignity. And yet human dignity is a term--like love, hope, and justice--that is intuitively grasped but never clearly defined. Some ethicists and bioethicists dismiss it; other thinkers point to its use in the service of particular ideologies. In this book, Michael Barilan offers an (...) urgently needed, nonideological, and thorough conceptual clarification of human dignity and human rights, relating these ideas to current issues in ethics, law, and bioethics. Combining social history, history of ideas, moral theology, applied ethics, and political theory, Barilan tells the story of human dignity as a background moral ethos to human rights. After setting the problem in its scholarly context, he offers a hermeneutics of the formative texts on Imago Dei; provides a philosophical explication of the value of human dignity and of vulnerability; presents a comprehensive theory of human rights from a natural, humanist perspective; explores issues of moral status; and examines the value of responsibility as a link between virtue ethics and human dignity and rights. Barilan accompanies his theoretical claim with numerous practical illustrations, linking his theory to such issues in bioethics as end-of-life care, cloning, abortion, torture, treatment of the mentally incapacitated, the right to health care, the human organ market, disability and notions of difference, and privacy, highlighting many relevant legal aspects in constitutional and humanitarian law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Human Dignity, Human Rights, and Religious Pluralism:Buddhist and Christian Perspectives1John D'Arcy MayThe question of how the concept of human rights—so crucially important for the implementation of justice in a rapidly globalizing world—relates to the plurality of cultures and religions has still not been solved. Controversies such as those over land rights in Aboriginal Australia and Asian values in Southeast Asia have shown this (...) repeatedly. In such cases, discussion eventually becomes focused on the universality of human rights, not just the global scope of the idea itself but the universal validity of catalogues of specific rights such as those contained in the United Nations' Universal Declaration of Human Rights (December 10, 1948). There is something arbitrary and unsystematic about such charters, as is shown by the rather different emphases in the African and Islamic documents which were meant to correct the UN's lack of universality.2 But if, in attempting to explore this problem seriously, one appears to tamper with the principle of universality, one can easily be accused of diluting the ethical force of human rights by questioning their applicability to every human being without exception. Nothing could be further from my mind, so before explaining what I wish to do in this paper I shall first set out some presuppositions that I take to be axiomatic:1. Our starting point is the dignity of the human, the unique value of each individual human life as a world constituted by consciousness, an originating source of free acts, which is therefore an end in itself and must never be misused as a means to other people's ends.3 This principle is reflected in formulations such as dignitas humana in the social teaching of the Catholic Church, which goes back to the biblical doctrine of the creation of human beings in the image of God, or in the unique status of the human being in the Buddhist scale of existence, on which neither animals nor gods but only humans are in a position to grasp the reality of their situation and strive for definitive release from the chain of becoming; hence the severity of the prohibition on taking human life as the third of the four cardinal offences (pārājika).42. The concept of "human rights" is one way of acknowledging this unique moral status of human dignity, in that rights accrue to the individual person [End Page 51] simply by virtue of his or her being rational, autonomous, and free. To this extent human rights language belongs within the Western tradition of liberal discourse, which lies at the heart of Western democracies and was profoundly influenced by Christianity. Conceptions of what it is that makes the human uniquely valuable, however, are very differently constructed in different cultural and religious traditions.53. What rights language tries to express in the conceptual framework provided by European culture has universal validity, although it is otherwise expressed in other cultures, for example, in terms of "duty," "obedience," "taboo," and so on. Problematic as it is in the context of postmodern discourse, the sameness-in-difference of the human as the criterion for rights everywhere and without exception is a categorical imperative on which the effectiveness of human rights as an instrument of justice depends.4. Conceptions of universality, however, may themselves be culturally determined and usually arise in contexts of domination: what is taken to be universally valid is often somebody's particular version of the truth of things which by virtue of a claim to universality is then imposed on others as "the" truth. Such conceptions are necessarily generalizations, whereas the moral impulse arises in the face-to-face encounter with the alien, unexpected and unwanted "other," as Levinas has shown.5. Universality is thus not available a priori but remains implicit in the intersubjectivity of human interaction until it is realized through shared practice and the negotiation of meanings; this applies all the more to interactions between religions and across cultures.66. Rights language, though a powerful instrument for the implementation of justice, is thus incomplete unless its Western (and Christian) conceptual presuppositions are complemented by the metaphors, stories, and... (shrink)

The corpse of a high-ranking male official was unearthed in the 1975, and important archaeologic discoveries were claimed. The exact year of his funeral was 167 BC. Autopsy revealed that the man had peptic ulcer disease. His naked body exposing genitalia and post-dissection stitches, with the dissected-out intestines and brain lying alongside, is now exhibited in a formalin-impregnated viewing glass tank in a museum .Meanwhile a 2000-year-old clothed female corpse is on display in another museum. In 1971, workers in ….

Name any valued human trait—intelligence, wit, charm, grace, strength—and you will find an inexhaustible variety and complexity in its expression among individuals. Yet we insist that such diversity does not provide grounds for differential treatment at the most basic level. Whatever merit, blame, praise, love, or hate we receive as beings with a particular past and a particular constitution, we are always and everywhere due equal respect merely as persons. -/- But why? Most who attempt to answer this question (...) appeal to the idea that all human beings possess an intrinsic dignity and worth—grounded in our capacities, for example, to reason, reflect, or love—that raises us up in the order of nature. Andrea Sangiovanni rejects this predominant view and offers a radical alternative. -/- To understand our commitment to basic equality, Humanity without Dignity argues that we must begin with a consideration not of equality but of inequality. Rather than search for a chimerical value-bestowing capacity possessed to an equal extent by each one of us, we ought to ask: Why and when is it wrong to treat others as inferior? Sangiovanni comes to the conclusion that our commitment to moral equality is best explained by a rejection of cruelty rather than a celebration of rational capacity. He traces the impact of this fundamental shift for our understanding of human rights and the norms of anti-discrimination that underlie it. (shrink)

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? -/- This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this (...) network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. -/- Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first. (shrink)

The principle of respect for human dignity plays a crucial role in the emerging global norms relating to bioethics, in particular in the UNESCO Universal Declaration on Bioethics and Human Rights. This instrument, which is a legal, not merely an ethical document, can be regarded as an extension of international human rights law into the field of biomedicine. Although the Declaration does not explicitly define human dignity, it would be a mistake to see the (...) emphasis put on this notion as a mere rhetorical strategy. Rather, the appeal to dignity reflects a real concern about the need to promote respect both for the intrinsic worth of human beings and for the integrity of the human species. But dignity alone cannot solve most of the dilemmas posed by biomedical practice. This is why international biolaw combines, on the one hand, the appeal to human dignity as an overarching principle with, on the other hand, the recourse to human rights, which provide an effective and practical way forward for dealing with bioethical issues at a global level. (shrink)

This paper explores the connections between human rights, human dignity, and power. The idea of human dignity is omnipresent in human rights discourse, but its meaning and point is not always clear. It is standardly used in two ways, to refer to a normative status of persons that makes their treatment in terms of human rights a proper response, and a social condition of persons in which their human rights are (...) fulfilled. This paper pursues three tasks. First, it provides an analysis of the content and an interpretation of the role of the idea of human dignity in current human rights discourse. The interpretation includes a pluralist view of human interests and dignity that avoids a narrow focus on rational agency. Second, this paper characterizes the two aspects of human dignity in terms of capabilities. Certain general human capabilities are among the facts that ground status-dignity, and the presence of certain more specific capabilities constitutes condition-dignity. Finally, this paper explores how the pursuit of human rights and human dignity links to distributions and uses of power. Since capabilities are a form of power, and human rights are in part aimed at respecting and promoting capabilities, human rights involve empowerment. Exploring the connections between human rights, capabilities, and empowerment provides resources to defend controversial human rights such as the right to democratic political participation, and to respond to worries about the feasibility of their fulfillment. This paper also argues that empowerment must be coupled with solidaristic concern in order to respond to unavoidable facts of social dependency and vulnerability. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve (...) the justification problem for human rights but rather aggravates it in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant’s concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

Why should all human beings have certain rights simply by virtue of being human? One justification is an appeal to religious authority. However, in increasingly secular societies this approach has its limits. An alternative answer is that human rights are justified through human dignity. This paper argues that human rights and human dignity are better separated for three reasons. First, the justification paradox: the concept of human dignity does not solve (...) the justification problem for human rights but rather aggravates it in secular societies. Second, the Kantian cul-de-sac: if human rights were based on Kant's concept of dignity rather than theist grounds, such rights would lose their universal validity. Third, hazard by association: human dignity is nowadays more controversial than the concept of human rights, especially given unresolved tensions between aspirational dignity and inviolable dignity. In conclusion, proponents of universal human rights will fare better with alternative frameworks to justify human rights rather than relying on the concept of dignity. (shrink)

Kant is often considered a key figure in a modern transition from social and political systems based on honour to those based on dignity, where “honour” is understood as a hierarchical measure of social value, and “dignity” is understood as the inherent and equal worth of every individual. The essay provides a richer account of Kant’s contribution to the “politics of equal dignity” by examining his understanding of dignity and honour, and the interaction between these concepts. The essay argues that (...) Kant appeals to multiple varieties of dignity and honour, that he does not reject honour in favour of dignity, and that he sees some versions of honour as conducive to respect for dignity. Furthermore, the complexity of Kant’s views on dignity and honour has implications for the theory and practice of human rights in the current day. (shrink)

The current legal and political practice of human rights invokes entitlements to freely chosen work, to decent working conditions, and to form and join labor unions. Despite the importance of these rights, they remain under-explored in the philosophical literature on human rights. This article offers a systematic and constructive discussion of them. First, it surveys the content and current relevance of the labor rights stated in the most important documents of the human (...) class='Hi'>rights practice. Second, it gives a moral defense of these rights arguing that their support involves an appropriate response to important human interests and to the human dignity of workers. Finally, it explores central normative issues about the relation between labor rights and human dignity. It responds to some objections about the importance of work, explains why labor human rights may not exhaust the demands of dignity regarding labor and arbitrates a common tension between independence and solidarity within our practical affirmation of human dignity. (shrink)

Human dignity, a normative category developed by the Colombian Constitutional Court, is seen from "humanist constitutionalism", due to its functionality for the configuration of the fundamental human right of access to the Internet that translates into a digital vital minimum of the human person, emphasizing in the inclusion of the poor and vulnerable affected by digital inequality. A complex fundamental hyperright that obliges the State to guarantee the human rights of their essential core and formulate (...) public policies for their effective satisfaction inherent in the realization of the valuable life project of the person and their effective functioning in society. (shrink)

In 2016, the European Parliament approved the General Data Protection Regulation (GDPR) whose core aim is the safeguarding of information privacy, and, by corollary, human dignity. Drawing on the field of philosophical anthropology, this paper analyses various interpretations of human dignity and human exceptionalism. It concludes that privacy is essential for humans to flourish and enable individuals to build a sense of self and the world.

The concept of dignity is widely used in society, particularly in reference to human rights law and bioethics. Several conceptions of dignity are identified, falling broadly within two categories: full inherent dignity (FID) and non- inherent dignity (NID). FID is a quality belonging equally to every being with full moral status, including all members of the human natural kind; it is permanent, unconditional, indivisible and inviolable. Those beings with FID ought to be treated deferentially by others by (...) virtue of their belonging to a noble caste. FID grounds fundamental human rights, such as the rights to freedom and equality. The concept of dignity forms a network of interconnected ideas related to worth and value particularly within legal and ethical discourse; it is a rich and meaningful concept, irreducible to one or two quasi-legal principles. Fundamentally, dignity matters because it forms the foundation of civilized society; without it, serious abuse of people is more likely to occur. (shrink)

The words ―Rights,‖ ―Trust,‖ ―Human Dignity,‖ and even ―Government‖ have widely varying meanings and connotations, differing across time, languages and cultures. Concepts of rights, trust, and human dignity have been examined for centuries in great depth by ethicists and other philosophers and by religious think-ers, and more recently by social scientists and, especially as related to information, by information scientists. Similarly, discussions of government are well documented in writings back to Plato and Aristotle, with investi-gations of (...) electronic government dating back only to the early 1990s with the advent of the Internet and the World Wide Web. At first e-government was described in glowing, positive terms. Little, if any, attention was paid to two critical questions: 1) Will people trust e-government? and 2) How will cultural differences affect individuals‘ trust in government and their perceptions of govern-ment‘s effect of their human dignity? Examinations of trust and distrust by individuals within organizations have addressed questions of motives and intentions, expectations of behavior, protection of interests, confi-dence in accuracy and reliability of information, vulnerability, and reciprocity, among other complex topics. Establishing e-government services often requires going through several phases: 1) publish , 2) interact transact transform . Building and maintaining trust in e-government require developing an understanding both of the many levels of interactions where trust must be earned and of cultural differences. Another challenge in developing such a framework is that e-government, itself, is very dynamic, changing rapidly over time. Trust in content or a system available one day may not carry over when the content and/or system changes dramatically. Components of a framework must include the follow-ing dimensions: conceptual domains, cultural dimensions, information content dimensions, and system di-mensions. Of course, these dimensions must be considered within the context of rapidly changing govern-ments, ICT services, the digital divide, and other factors. This paper provides a very brief overview of some of the notions of trust and distrust, concentrating on those concerning trust as it relates to notions of power, trust in organizations, and trust in information and information systems as one part of a framework to ad-dress the question of trust in e-government. It also makes a few recommendations for how to build citizen-centric e-government to ensure information rights through a focus on human dignity, fundamental human rights, and earning trust. (shrink)

In this article I spell out a conception of dignity grounded in African moral thinking that provides a plausible philosophical foundation for human rights, focusing on the particular human right not to be executed by the state. I first demonstrate that the South African Constitutional Court’s sub-Saharan explanations of why the death penalty is degrading all counterintuitively entail that using deadly force against aggressors is degrading as well. Then, I draw on one major strand of Afro-communitarian thought (...) to develop a novel conception of dignity as the view that what is special and inviolable about human nature is our capacity for harmonious relationships. I argue that a principle of respect for the dignity of such a capacity entails that the death penalty is an indignity but that deadly force in self- or other-defense need not be, and I contend that this African- inspired principle promises to do no worse than the more Western, Kantian principle of respect for autonomy at accounting for a broad range of human rights. (shrink)

The concept of human dignity and the relationship between dignity and human rights have been important subjects in contemporary international academia. This article first analyzes the different understandings of the concept of dignity, which has left great influences in history (including the “theory of attribution-dignity”, the “theory of autonomy-dignity” or the “theory of moral completeness/achievement-dignity”, and the “theory of end-in-itself-dignity”); it then exposes the obvious defects of these modes of understanding; finally, it tries to define dignity as (...) a moral right to be free from insult. Meanwhile, the relationship between human dignity and human rights is clarified as a result of this research: Rather than being the foundation of human rights, human dignity is one of human rights. The idea of dignity nevertheless has a particular status in ethics in that it embodies a kind of core moral concern, representing a basic demand rooted in the human self or individuality, and hence representing an important aspect of human rights. We may anticipate that sooner or later, the idea of human dignity will become, together with other human rights, the only intangible cultural heritage of human society. (shrink)

The concept of human dignity plays an important role in the public discussion about ethical questions concerning modern medicine and biology. At the same time, there is a widespread skepticism about the possibility to determine the content and the claims of human dignity. The article goes back to Kantian Moral Philosophy, in order to show that human dignity has in fact a determinable content not as a norm in itself, but as the principle and ground of (...) class='Hi'>human rights and any deontological norms in biomedical ethics. When it comes to defining the scope of human dignity, i.e., the question which entities are protected by human dignity, Kant clearly can be found on the “pro life”-side of the controversy. This, however, is the result of some specific implications of Kant’s transcendental approach that may be put into question. (shrink)

Abstract: Human rights developed in response to specific violations of human dignity, and can therefore be conceived as specifications of human dignity, their moral source. This internal relationship explains the moral content and moreover the distinguishing feature of human rights: they are designed for an effective implementation of the core moral values of an egalitarian universalism in terms of coercive law. This essay is an attempt to explain this moral-legal Janus face of human (...) rights through the mediating role of the concept of human dignity. This concept is due to a remarkable generalization of the particularistic meanings of those "dignities" that once were attached to specific honorific functions and memberships. In spite of its abstract meaning, "human dignity" still retains from its particularistic precursor concepts the connotation of depending on the social recognition of a status—in this case, the status of democratic citizenship. Only membership in a constitutional political community can protect, by granting equal rights, the equal human dignity of everybody. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human (...) class='Hi'>rights are grounded in human dignity, this paper presents a novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

This essay questions what is argued by many scholars today, namely that the moral concept of human dignity provides the basis for the establishment of human rights. More specifically, I critically discuss the two most prominent conceptions of human dignity, the ‘status’ and the ‘value’ conceptions of dignity, which are suggested today as the foundations of human rights. Ultimately, I propose a different, ‘duty-based’ philosophical account for the justification of the latter.

This paper examines how the intercultural conception of human rights, fueled by the modes of reciprocal recognition associated with Hegel’s social philosophy, draws on traditional understandings of human dignity while avoiding the essentialism associated with those understandings. Part 1 summarizes core elements of an intercultural theory of human rights while addressing the general question of how that theory accommodates an understanding of the relationship of human dignity and human rights. Part 2 presents (...) the intercultural approach as committed to a view of human dignity focused on the intrinsic worth of individuals, but understood, not—with Kant—as an anthropologically inherent property, but as one forged in relations of intersubjective recognition. Part 3, critically engaging arguments of C Beitz and J Habermas, claims that an intercultural approach entails a status-based conception of human dignity, one that construes the latter, not as a metaphysically conceived inherent quality, but as a function of membership in a social order supportive of both liberal right claims and a republican commitment to rights systems generally. Drawing on the work of Hegel and critically engaging the position of A Sangiovanni, Part 4 construes human dignity in terms of a doctrine of human rights expressive of a common humanity, one understood, however, not as an essential attribute of human beings, but in terms of a globally realized legal-political order whose members are dispositionally committed to the worth of all members of the human community and the value of human community itself. Critically appropriating the work of H Arendt for the intercultural theory, Part 5 considers the centrality of actual politics to a dignitarian account of human rights. Part 6 construes human dignity, again with Kant, in terms of the principle of autonomy, but one understood, not abstractly, but—engaging Pico della Mirandola—as the fallibilistically conceived process of social learning on the part the members of the human community. Part 7 considers how the intercultural view, with the idea of social practice expressive of collective human agency, accommodates a concept of human dignity understood as the “foundation”—nuanced and variegated—of human rights. Part 8 details the specific normativity of an intercultural conception, asserting that despite and even because of its attention to the empirical realities of social, historical, and political life, that conception remains committed, as with essentialist views, to context-transcending norms capable of calling into question actual practices and policies. Here, recourse is had to a concept of recognition understood both as a principle of evaluation and as a social practice encompassing the activity of individuals and groups engaged in the discourse on human rights. (shrink)

Rather than treating them as discrete and incommensurable ideas, we sketch some connections between human flourishing and human dignity, and link them to human rights. We contend that the metaphor of flourishing provides an illuminating aspirational framework for thinking about human development and obligations, and that the idea of human dignity is a critical element within that discussion. We conclude with some suggestions as to how these conceptions of human dignity and human (...) flourishing might underpin and inform appeals to human rights. (shrink)

The concept of dignity is the foundation of fundamental rights expressed in international declarations on human rights and bioethics. Sometimes there are collisions of rights, which must be weighed. However, more often dignity is invoked in order to argue for or against the same issue. Is it possible that a concept can be so broad that it becomes meaningless? What do we mean when we argue for moral decisions based on dignity? This paper aims at understanding (...) dignity as a construct, in an analytical and evolutionary cross-cultural approach, from a Western and Eastern view, and then considers its impact on the teaching of human rights and biolaw. (shrink)

There is little need to argue for the importance of human rights (HRs) in our world. If one looks at the role they play today, it is hard to deny that their impact has increased beyond anything the drafters of the 1948 Universal Declaration could have hoped or imagined. However, even though human rights today have a far greater impact on politics than in the past, the philosophical reflection that surrounds them has had a less fortunate (...) history. It is doubtful whether we are today in a better position than we were in 1948 to answer any of the philosophical questions surrounding them, including, and perhaps most crucially, the question about their foundation. Why are human rights standards—of whatever sort—that we should adopt, or even just take seriously? The first two parts of this paper summarize my recent work on the above question (Caranti, 2017) and the third takes it a step further. I will 1) show why the main orientations in the contemporary philosophy of human rights all fail to yield a satisfactory foundation, 2) sketch an alternative foundation that exploits Kant’s account of human dignity in a rather critical way; and 3) address one major objection my approach is bound to attract (and in a certain form has already attracted). Since my foundation suggests that we have dignity (and as a consequence human rights) because we are autonomous, that is, capable of moral behavior, some scholars have argued that I am bound to the counterintuitive conclusion that people with a temporary or permanent lack of rational capacity, which would cause a condition of “impaired autonomy,” are not entitled to the protection of human rights. While this objection does nothing but reformulate in the language of human rights an old, classical objection to Kant’s ethics, replying to it requires mobilizing new intellectual resources. (shrink)

This paper focuses on a distinct puzzle for understanding the relationship between dignity and human rights. The puzzle is that dignity appears to enter human rights theory in two distinct roles: on the one hand, dignity is commonly pointed to as the foundation of human rights, i.e. that in virtue of which we have human rights. On the other hand, dignity is commonly pointed to as that which is at risk in a (...) subset of human rights, paradigmatically torture. But how can dignity underpin all human rights, and yet only be at stake in very specific human rights violations? And if dignity is lost in torture, how can the tortured retain their human rights? In this paper I offer a solution to these puzzles, in the form of a new theory of dignity. On this new theory, an individual’s dignity can be constituted via either of two pathways: the agent’s own normative competencies, or the authority of her community. The former is what’s typically at stake in practices such as torture; it in virtue of the latter that we have human rights. (shrink)

The idea that there is such a thing as a human right to health has become pervasive. It has not only been acknowledged by a variety of international law documents and thus entered the political realm but is also defended in academic circles. Yet, despite its prominence the human right to health remains something of a mystery - especially with respect to its philosophical underpinnings. Addressing this unfortunate and intellectually dangerous insufficiency, this book critically assesses the stipulation that (...) health is a human right which - as international law holds - derives from the inherent dignity of the human person. Scrutinising the concepts underlying this stipulation, it shall conclude that such right cannot be upheld from a philosophical perspective. (shrink)

An exploration (in Arabic) of the foundations of humans rights and the associated notion of human dignity. These include religious, rational-secular, as well as naturalistic foundations. Arguments are presented in support of naturalistic foundations, with reference to natural human needs and dispositions and 'moral sentiments'.

Abstract Democracy is a fundamental right linked to the realization of a person’s worthy life project regarding its corresponding fulfillment of Human Rights. Along with the procedures to form political majorities, it is mandatory to incorporate the substantial part as a means and end for the normative content of Human Dignity to be carried out allowing it to: i) freely choose a project of valued life with purpose and autonomy ii) to have material and intangible means to (...) function in society; and iii) to live free from harm and fear in order to achieve human flourishing. The integral democracy is a means and an end to materialize individual happiness and the common good as long as everyone has concrete opportunities to unfold its inherent human dignity capacities within the trademark of the democratic constitutional State. Assuming this, integral democracy is the fundamental right of Fundamental Rights. (shrink)

In October 2005, the United Nations Educational, Scientific and Cultural Organization adopted the Universal Declaration on Bioethics and Human Rights . A concept of central importance in the declaration is that of “human dignity”. However, there is lack of clarity about its scope, especially concerning the question of whether prenatal human life has the same dignity and rights as born human beings. This ambiguity has implications for the interpretation of important articles of the delcaration, (...) including 2, 4, 8, 10 and 11. The paper applies relevant provisions of the UDBHR to specific cases, addresses problems of internal consistency and considers attempts at clarifying the scope of “human dignity” by the negotiating parties. An analysis of the important relationship between the UDBHR and the Universal Declaration of Human Rights, to which the UDBHR refers in its title and elsewhere, shows that because of a crucial emphatic asymmetry, a broad reading according to which the UDBHR must be understood to ascribe human rights and dignity to prenatal life is untenable. However, the view that the UDBHR confers human rights and dignity on humans from the moment of birth onwards is robust and defensible. This conclusion is important for a proper understanding of the declaration and its use, as stated in Articles 1 and 22, the latter urging states “… to give effect to the principles … in this declaration”. Similarly, it has implications for the use of the declaration in the wider context of bioethics-related law and policy, as well as in academic and other discussions where increasing reference to the UDBHR is likely. (shrink)

In a number of recent works, Nicholas Wolterstorff defends the claim that human rights inhere in the dignity of every human. He further contends that the explanation of this dignity cannot be found in the intrinsic features of humans; rather, the only plausible explanation for human dignity is that it is bestowed upon humans by God’s love. In this paper, I argue that Wolterstorff’s theory concerning the ground of human dignity falls prey to something quite (...) similar to the classic Euthyphro dilemma: either God must love every existing human in a dignity-bestowing manner or he need not, and either option is problematic. If the former, then whatever it is about humans that ensures God’s love can reasonably be thought to be the independent source of human dignity and/or rights, thereby leaving us without cause to appeal to God’s love for the explanation of this dignity. If the latter, the implication is that moral statements which appear to be necessarily true are only contingently so. Wolterstorff’s theory will thus require substantial modification, or else abandonment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations (...) on 10 December 1948;Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)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.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

This volume is devoted to exploring a subject which, on the surface, might appear to be just a trending topic. In fact, it is much more than a trend. It relates to an ancient, permanent issue which directly connects with people's life and basic needs: the recognition and protection of individuals' dignity, in particular the inherent worthiness of the most vulnerable human beings. The content of this book is described well enough by its title: 'Human Dignity of the (...) Vulnerable in the Age of Rights'. Certainly, we do not claim that only the human dignity of vulnerable people should be recognized and protected. We rather argue that, since vulnerability is part of the human condition, human vulnerability is not at odds with human dignity. To put it simply, human dignity is compatible with vulnerability. A concept of human dignity which discards or denies the dignity of the vulnerable and weak is at odds with the real human condition. Even those individuals who might seem more skilled and talented are fragile, vulnerable and limited. We need to realize that human condition is not limitless. It is crucial to re-discover a sense of moderation regarding ourselves, a sense of reality concerning our own nature. Some lines of thought take the opposite view. It is sometimes argued that humankind is - or is called to be - powerful, and that the time will come when there will be no vulnerability, no fragility, no limits at all. Human beings will become like God (or what believers might think God to be). This perspective rejects human vulnerability as in intrinsic evil. Those who are frail or weak, who are not autonomous or not able to care for themselves, do not possess dignity. In this volume it is claimed that vulnerability is an inherent part of human condition, and because human dignity belongs to all individuals, laws are called to recognize and protect the rights of all of them, particularly of those who might appear to be more vulnerable and fragile. (shrink)

The article critically analyzes the conservative conception of passive or static human dignity in accordance with which human’s value is seen as value coming from the exterior (from God or from a biological human’s nature), or value seen as existing per se. In opposition to this conception, a conception of active or created dignity is being developed, which aims at treating human’s dignity not like a social relationship, but rather like a person’s individual ability to live (...) properly in the society (participate in barter relations on the ground of equivalence) and using this propriety to create own individual social value (dignity), as a personal contribution towards maintenance of concord and collaboration in the society. (shrink)

Philosophical interest in disability is rapidly expanding. Philosophers are beginning to grasp the complexity of disability--as a category, with respect to well-being and as a marker of identity. However, the philosophical literature on justice and human rights has often been limited in scope and somewhat abstract. Not enough sustained attention has been paid to the concrete claims made by people with disabilities, concerning their human rights, their legal entitlements and their access to important goods, services and (...) resources. This book discusses how effectively philosophical approaches to distributive justice and human rights can support these concrete claims. It argues that these approaches often fail to lend clear support to common disability demands, revealing both the limitations of existing philosophical theories and the inflated nature of some of these demands. Moving beyond entitlements, the author also develops a unique conception of dignity, which she argues illuminates the specific indignities experienced by people with disabilities in the allocation of goods, in the common experience of discrimination and in a wide range of interpersonal interactions. Disability with Dignity offers an accessible and extended philosophical discussion of disability, justice and human rights. It provides a comprehensive assessment of the benefits and pitfalls of theories of human rights and justice for advancing justice for the disabled. It brings the moral importance of dignity to the centre, arguing that justice must be pursued in a way that preserves and promotes the dignity of people with disabilities. (shrink)

Dignity is often invoked as the basis of human rights. The precise relation between dignity and human rights remains objectionably obscure, however, and many appeals to dignity seem little more than hand-waving, as critics have pointed out. This vagueness is potentially damning for contemporary human rights accounts, as it calls into question whether dignity can truly serve as the foundation of human rights. In order to defend the view that human (...) class='Hi'>rights are grounded in human dignity, this paper presents a novel analysis of dignity that elucidates how human rights can be derived from dignity. Arguing that neither contingent nor inherent conceptions of dignity can, on their own, account for human rights, it develops a conceptualisation of dignity that combines inherent and contingent features in a coherent fashion. This, in turn, is shown to provide us with the means to explain how human rights are both grounded in and protective of dignity. Showing that the inherent features of dignity always generate a claim to the contingent features of dignity, the paper demonstrates that human rights derive directly from the inherent features of dignity, whilst what they protect are the contingent features of dignity. The paper closes with a discussion of the advantages of conceptualising dignity in the manner proposed, explicating the connection between dignity and nobility. (shrink)

“Human dignity is inviolable. It must be respected and protected.” What is the status of this proposition? Is human dignity inviolable? Statements on human dignity are closely intertwined with philosophical, anthropological and legal issues – and with the obligations, possibilities and limits of philosophy. Why a plea for human dignity? There are two reasons at least: (i) human dignity is violated, (ii) there are heated debates on exactly what “human dignity“ means. Accordingly, the elements (...) of a normative theory of the state and legal rights are discussed in order to explain what rights and the state should be and can be. After an exposition of the plurality of competing definitions and a short archeology of the concept of human dignity, the author defends the following thesis: Only the conceptualization of human dignity as a principle, concept and norm of positive law allows an appropriate understanding of what should be protected by the guarantee of dignity: i.e. the freedom and equality of everyone who is a human being. (shrink)

According to the orthodox or humanist conception of human rights, individuals have a moral duty to promote the universal realization of human rights. However, advocates of this account express the implications of this duty in extremely vague terms. What does it mean when we say that we must promote human rights satisfaction? Does it mean that we must devote a considerable amount of our time and resources to this task? Does it mean, instead, that (...) we must make occasional donations to charities working to advance human rights realization? In this essay, I argue that this duty can only be constructed as imperfect. This means that it confers agent-relative discretion on us to decide when, how, and to what extent to advance the human rights of others. It also means that it is neither correlative with rights nor enforceable. As I will explain, the main reason for this is that any attempt to construct it as a perfect duty would infringe the dignity of the potential duty bearers and thereby undermine the very values that human rights practice aspires to serve. Finally, I will conclude by providing some guidelines for those who wish to comply with their imperfect duties to improve the situation of those whose human rights are in peril. (shrink)