Open AccessProblems of enforcement of the right to human dignity in Ukraine
Author(s) -
Heorhii Moisei
Publication year - 2020
Publication title -
časopis kiïvsʹkogo unìversitetu prava
Language(s) - English
Resource type - Journals
ISSN - 2219-5521
DOI - 10.36695/2219-5521.2.2020.27
Subject(s) - dignity , human rights , fundamental rights , law , political science , interpretation (philosophy) , constitution , constitutional court , computer science , programming language
The article examines the problems of enforcement of the right to human dignity in Ukraine. It is emphasized that the modernmodel of realization and protection of fundamental human rights and freedoms is an integral attribute for sustainable development ofsociety, and the right to dignity as a determining human right occupies a central place in the system of constitutional law.A special attention is drawn on the double dimension of human dignity in the Constitution of Ukraine, its significance and specialplace in the system of constitutional law.The legal views of the Constitutional Court of Ukraine in terms of knowledge and substantiation of human dignity, its key rolein the development of the human rights protection system, the tendency to change approaches to the interpretation of this concept overthe past 20 years have been analyzed.An attention is also focused on the inexpediency of using a positivist approach during interpretation of such a right category ashuman dignity.The author takes up the position that understanding the right to human dignity is essential to the development of natural legaldoctrine of human rights.The problem of exercising the right to human dignity is to develop own approaches to understanding human dignity, and so thatthe adoption of quality decisions by the Constitutional Court of Ukraine.The multidimensional understanding and grounding of human dignity has been analyzed by the Federal Constitutional Court ofGermany, which considers the human dignity as a fundamental right.
It is also noted that the use of such practices is a consequence of the globalization approach to the constitutional interpretation.Primarily, the human dignity accomplishes the function of restricting the legislator in matters relating to the protection of the absolutelyuntouchable sphere.A conclusion was drawn that all acts of the state must comply with it, this is a criterion for the country’s compliance with thesupremacy of law. Human dignity is the main objective of the constitutional state.