Godność jednostki w aktach międzynarodowej ochrony praw człowieka
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Date
1989
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Wydział Prawa i Administracji UAM
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Dignity of a human being in the Acts of International Protection of Human Rights
Abstract
In many acts on international protection of human rights there appears the
notion of „inherent dignity of a human being". According to the author, too little
attention has so far been devoted to that concept Therefore, the main purpose of
the present article is an attempt to determine the origin, scope, contents and
functions of the concept of dignity in different systems of protection of human
rights.
A starting point for the author's considerations is the analysis of the UN
Charter and Universal Declaration of Human Rights, The origin of introducing
the notion of dignity into public international law is connected with the tragic
experience of the WW II. Then, the author-analyses different acts of hard and soft
law of international protection of human rights,, both with respect to a universal
as well as to regional systems. The object of considerations are also some norms
of international humanitarian law. In the author's opinion the notion of dignity appears in two basic meanings:
as personal dignity and human dignity. In the first- mąening it is a synonym of
honour and good name, whereas in the second it is concerned with the essence of
humanity and is tightly connected with human rights. In international acts of
protection of human rights, human dignity plays the role of a legal principle
in a sense of a certain ideal as well as the role of a legal rule in a sense of
a definite norm. In his concluding remarks the authors states that the contents of the notion of
human dignity should be subject to further concretization in the norms of public
international law. It is the- only way for the principle of respect for dignity of
a human being to become the foundation of universal justification of human
rights on one hand,, and the meta-rule of interpretation on the other.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 51, 1989, z. 2, s. 103-117.