Human dignity according to international instruments on human rights
According to international instruments on human rights, the dignity of the human person is the foundation of human rights, and both human dignity and human rights are inherent to the human being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the solid f...
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| Format: | Article |
| Language: | English |
| Published: |
Asociación Española de Profesores de Derecho Internacional y Relaciones Internacionales
2011
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| Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3828386 |
| Source: | Revista electrónica de estudios internacionales, ISSN 1697-5197, Nº. 22, 2011 |
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| Summary: |
According to international instruments on human rights, the dignity of the human person is
the foundation of human rights, and both human dignity and human rights are inherent to the human
being, universal and inviolable. This understanding of human dignity is not a fruitless truism, but the
solid foundation on which to build a world community under the rule of the new ius gentium: the
International Law for Humankind. Moreover, it is the clue to answer many questions raised by the new
world of globalization and of the exponential growth of international rules.Consequently, there is a need
to a common doctrine on a notion of human dignity which will allow the implementation and adjudication
of the aforementioned instruments, at the service of the human person and in conformity with the juridical
conscience which they reflect. Philosophy of Law concepts which can be traced back to Aristotle provide
that notion. According to these concepts, the demanding nature of �human dignity� sustains the notion of
�legal personhood�, and both notions pertain to the realm of Law and Right, not of Morale and Values.
Thus, human dignity and human rights are and must be, respectively, a basic principle and a necessary
part of any Law system, including international law. |
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