- Title Pages
- Acknowledgements
- Preface
- Preface
- Notes on Contributors
- 1 In Pursuit of Human Dignity: An Introduction to Current Debates
- 2 Dignité/Dignidade: Organizing against Threats to Dignity in Societies after Slavery
- 3 Würde des Menschen: Restoring Human Dignity in Post-Nazi Germany
- 4 The Secret History of Constitutional Dignity
- 5 Constructing the Meaning of Human Dignity: Four Questions
- 6 Human Dignity: Experience and History, Practical Reason and Faith
- 7 Dignity: The Case Against
- 8 Socio-Economic Rights, Basic Needs, and Human Dignity: A Perspective from Law's Front Line
- 9 The Triple Dilemma of Human Dignity: A Case Study
- 10 Dignity Rather than Rights
- 11 Dignity, Person, and Imago Trinitatis
- 12 Human Dignity and the Image of God
- 13 Dignity as an Eschatological Concept
- 14 The Vanishing Absolute and the Deconsecrated God: A Theological Reflection on Revelation, Law, and Human Dignity
- 15 A Christian Theological Account of Human Worth
- 16 Human Dignity and the Foundations of Human Rights
- 17 In Defence of Human Dignity:Comments on Kant and Rosen
- 18 Citizenship and Dignity
- 19 Human Dignity, Human Rights, and Simply Trying to Do the Right Thing
- 20 Human Dignity: The Constitutional Value and the Constitutional Right
- 21 Dignity in a Legal Context: Dignity as an Absolute Right
- 22 Human Dignity in the Jurisprudence of the European Court of Human Rights
- 23 Justifying Freedom of Religion: Does ‘Dignity’ Help?
- 24 Which Dignity? Which Religious Freedom?
- 25 From Imago Dei to Mutual Recognition: The Evolution of the Concept of Human Dignity in the Light of the Defence of Religious Freedom
- 26 ‘A Communion in Good Living’: Human Dignity and Religious Liberty beyond the Overlapping Consensus
- 27 Dignity and Disgrace: Moral Citizenship and Constitutional Protection
- 28 The Dignity of Marriage
- 29 Response to Tollefsen and Cameron
- 30 Dignity and the Duty to Protect Unborn Life
- 31 Is Dignity Language Useful in Bioethical Discussion of Assisted Suicide and Abortion?
- 32 Dignity, Choice, and Circumstances
- 33 Human Dignity, Interiority, and Poverty
- 34 Dignity as Perception: Recognition of the Human Individual and the Individual Animal in Legal Thought
- 35 The Good Sense of Dignity: Six Antidotes to Dignity Fatigue in Ethics and Law
- 36 Human Rights, Human Dignity,and Human Experience
- 37 The Concept of Human Dignity: Current Usages, Future Discourses
- 38 Discourses of Dignity
- 39 Dignified Disciplinarity: Towards a Transdisciplinary Understanding of Human Dignity
- Select Bibliography
- Tables of Cases, and Other Legal Authorities
- Index
Human Dignity in the Jurisprudence of the European Court of Human Rights
Human Dignity in the Jurisprudence of the European Court of Human Rights
- Chapter:
- (p.393) 22 Human Dignity in the Jurisprudence of the European Court of Human Rights
- Source:
- Understanding Human Dignity
- Author(s):
Jean-Paul Costa
- Publisher:
- British Academy
The chapter first gives several examples of where ‘dignity’ (or ‘a person’s dignity’, or ‘human dignity’) has been a central element in the reasoning of the Court, or in the arguments advanced by judges in separate opinions. Based on this analysis, the principal question addressed is why the Court draws on ‘dignity’, a word neither explicitly nor, implicitly mentioned in the text of the Convention or the Protocols. What are the reasons for having—or not having—recourse to the concept of dignity in judicial decisions? Is there any objective reason for such choice? Or does it depend on the subjective preferences of the judges sitting on the bench? Is ‘dignity’ necessary for judicial decision-making in order to reach a specific conclusion in a case? Or does ‘dignity’ simply reinforce the legal reasoning of the Court, enabling the Court to give more weight to the arguments of one of the parties in the case? Finally, the chapter looks for a possible conceptual link between human dignity and human rights, insofar as this arises from the jurisprudence of the Strasbourg Court.
Keywords: Universal Declaration of Human Rights, European Convention on Human rights, European Court of Human rights, legal reasoning, serious violations, inhuman and degrading treatment, political rights, link between dignity and human rights
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- Title Pages
- Acknowledgements
- Preface
- Preface
- Notes on Contributors
- 1 In Pursuit of Human Dignity: An Introduction to Current Debates
- 2 Dignité/Dignidade: Organizing against Threats to Dignity in Societies after Slavery
- 3 Würde des Menschen: Restoring Human Dignity in Post-Nazi Germany
- 4 The Secret History of Constitutional Dignity
- 5 Constructing the Meaning of Human Dignity: Four Questions
- 6 Human Dignity: Experience and History, Practical Reason and Faith
- 7 Dignity: The Case Against
- 8 Socio-Economic Rights, Basic Needs, and Human Dignity: A Perspective from Law's Front Line
- 9 The Triple Dilemma of Human Dignity: A Case Study
- 10 Dignity Rather than Rights
- 11 Dignity, Person, and Imago Trinitatis
- 12 Human Dignity and the Image of God
- 13 Dignity as an Eschatological Concept
- 14 The Vanishing Absolute and the Deconsecrated God: A Theological Reflection on Revelation, Law, and Human Dignity
- 15 A Christian Theological Account of Human Worth
- 16 Human Dignity and the Foundations of Human Rights
- 17 In Defence of Human Dignity:Comments on Kant and Rosen
- 18 Citizenship and Dignity
- 19 Human Dignity, Human Rights, and Simply Trying to Do the Right Thing
- 20 Human Dignity: The Constitutional Value and the Constitutional Right
- 21 Dignity in a Legal Context: Dignity as an Absolute Right
- 22 Human Dignity in the Jurisprudence of the European Court of Human Rights
- 23 Justifying Freedom of Religion: Does ‘Dignity’ Help?
- 24 Which Dignity? Which Religious Freedom?
- 25 From Imago Dei to Mutual Recognition: The Evolution of the Concept of Human Dignity in the Light of the Defence of Religious Freedom
- 26 ‘A Communion in Good Living’: Human Dignity and Religious Liberty beyond the Overlapping Consensus
- 27 Dignity and Disgrace: Moral Citizenship and Constitutional Protection
- 28 The Dignity of Marriage
- 29 Response to Tollefsen and Cameron
- 30 Dignity and the Duty to Protect Unborn Life
- 31 Is Dignity Language Useful in Bioethical Discussion of Assisted Suicide and Abortion?
- 32 Dignity, Choice, and Circumstances
- 33 Human Dignity, Interiority, and Poverty
- 34 Dignity as Perception: Recognition of the Human Individual and the Individual Animal in Legal Thought
- 35 The Good Sense of Dignity: Six Antidotes to Dignity Fatigue in Ethics and Law
- 36 Human Rights, Human Dignity,and Human Experience
- 37 The Concept of Human Dignity: Current Usages, Future Discourses
- 38 Discourses of Dignity
- 39 Dignified Disciplinarity: Towards a Transdisciplinary Understanding of Human Dignity
- Select Bibliography
- Tables of Cases, and Other Legal Authorities
- Index
