CEU Electronic Theses and Dissertations, 2020
| Author | Karklina, Kate Keita |
|---|---|
| Title | Dignity Jurisprudence in Regional Human Rights Systems: Identifiable Trends in the Practical Application of a Contested Notion |
| Summary | Human dignity is a widely contested notion for the many problems that its open-textured nature leads to in its legal application. Nevertheless, it remains foundational in the theory and philosophy of international human rights law, resulting in an abundance of scholarly literature covering the many facets of the notion in the field. This paper explores a less beaten path in the dignity debate, that is, its practical use in regional human rights jurisprudence and the common ground regarding its meaning as demonstrated by identifiable overlaps in the interpretation of the notion across the globe. It offers an inquiry into dignity jurisprudence in the three regional human rights systems – Council of Europe, Organization of American States and African Union – by looking at notable decisions delivered by the respective judicial and quasi-judicial bodies, namely, the European Court of Human Rights, the Inter-American Court on Human Rights and the African Commission on Human and Peoples’ Rights. The output of such a research indicates explicit trends in dignity jurisprudence, whereby human dignity is translated into claims of bodily integrity, autonomy and equality of human persons. These findings effectively point to the vulnerability of dignity scepticism, by which human dignity as a legal concept is rendered as vague, indeterminant and essentially open to doubt. |
| Supervisor | Assoc. Prof. Markus Böckenförde |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2020/karklina_kate-keita.pdf |
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