Human Dignity
Clicks: 3
ID: 322435
2026
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Abstract
Abstract This chapter examines the concept of human dignity by tracing its theological, philosophical, and constitutional foundations, emphasising its historical development and its emergence as a value in modern constitutional law. It analyses the boundaries of the constitutional right to dignity through purposive interpretation and links the concept to autonomy, freedom of choice, social existence, and the Kantian view that persons are ends in themselves. The chapter explains the content of the right by identifying three governmental duties: to respect dignity, to protect individuals from third-party violations, and to establish a legal framework that enables the exercise of the right. It presents human dignity as a mother-right that generates multiple daughter-rights, including personhood, minimal subsistence, reputation, family life, equality, expression, religion, movement, education, association, work, court access, and fair trial. Finally, the chapter emphasises that these interconnected rights protect human autonomy, dignity, and social participation while guiding constitutional adjudication through proportionality, interpretation, and evolving jurisprudence within democratic legal systems.
| Reference Key |
openalex_W7170424143
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|---|---|
| Authors | Aharon Barak |
| Journal | Oxford University Press eBooks |
| Year | 2026 |
| DOI |
10.1093/oxfordhb/9780192843524.013.0041
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| URL | |
| Keywords | Keywords not found |
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