Socio-Economic Rights, Basic Needs, and Human Dignity: A Perspective from Law's Front Line
Socio-Economic Rights, Basic Needs, and Human Dignity: A Perspective from Law's Front Line
The quest for the articulation of human dignity within the confines of the law invariably involves consideration of what the relevant human rights law can be said to require in any given case. This often then leads to consideration of what can be plausibly described as the basic needs of the individual whose claim is before the court. The law does not generally supply the certainty of meaning that might have been expected from a discipline which is widely (and usually rightly) appreciated for its commitment to clarity and predictability. Human dignity remains an elusive concept in law, begging more questions of judges than it supplies. Seeking to flesh out in law a meaning for human dignity which can then be required of society raises important questions of competence and democratic legitimacy. The chapter concludes with some suggestions as to the appropriate role for the litigation process in the protection and promotion of human dignity.
Keywords: Key words: human dignity, dignity, social rights, economic rights, socio-economic rights
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