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Human dignity is a fundamental value fnd basis of social rights
Author(s) -
O. Ya. Orlovsky,
M. I. Bodnaruk
Publication year - 2022
Publication title -
naukovij vìsnik užgorodsʹkogo nacìonalʹnogo unìversitetu. serìâ pravo
Language(s) - English
Resource type - Journals
eISSN - 2664-6153
pISSN - 2307-3322
DOI - 10.24144/2307-3322.2021.67.26
Subject(s) - dignity , doctrine , human rights , fundamental rights , law , value (mathematics) , sociology , environmental ethics , law and economics , political science , philosophy , computer science , machine learning
The article under studies is a complex analysis of the essence of the notion of human dignity” as a system-forming category that comprises the doctrine of the present-day right to social protection. It reveals the basic conceptual approaches to the notion of “human dignity” and regards the latter as an indispensable feature of a social state. Particular emphasis has been laid on the fact that the genesis of the doctrine of human dignity is traditionally associated with the ideas about human rights. It has also become the basis for natural law and universal human rights. Human dignity has a dual nature. It may be regarded as an objective phenomenon, which is common for all individuals (value, principle, the source of human rights, the latters’ essence and objectives), as well as a subjective right or interest of any person. The article distinguishes theological, philosophical and legal approaches to understanding the essence of human dignity. It ascertains that the principle of ensuring respect for human dignity is present in practically all world standards on human rights and is the most essential sample and criterion for assessing the efficiency of any social policy. Human dignity is a significant anthropological and cultural value of every human, the source of his / her right to social protection. In this respect, it is essential to comprehend the legal position of the Constitutional Court of Ukraine concerning the protection of human right to respect for human dignity, as well as to identify the main objective of a social state – to ensure each citizen’s decent standard of living. It has been accentuated that the right to respect for human dignity acquires peculiar system-forming significance within a social state, since the whole range of individual’s social rights relies on it. Person’s decent standard of living completely depends on the implementation of these rights. Within the right to social protection, it is expedient to consider the notion of “human dignity” as a fundamental value that promotes the emergence of all other values; as a basic principle of any law; as an absolute natural law; as the obligation not to encroach upon the dignity of other individuals; as a source of the entire complex of all human rights and freedoms. The article also contains the description of major features of human right to dignity: natural character; inalienability and inviolability; absoluteness; universality; social significance and dependence on socio-historical conditions of society.

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