Volti e risvolti della dignità umana

digital

Articolo

rivista	JUS
fascicolo	JUS - 2019 - 3
titolo	Volti e risvolti della dignità umana Meanings and implications of human dignity. Seventy years after the art. 1 of the German constitution
autori	Andrea Nicolussi Carlo Rusconi
editore	Vita e Pensiero
formato	Articolo \| Pdf
online da	04-2020
doi	10.26350/004084_000043
issn	00226955 (stampa)

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Descrizione
The seventieth anniversary of the German constitution, with the famous art. 1 which proclaims the inviolability of human dignity, constitutes an opportunity to reflect on the meaning and implications of the value of dignity in the constitutional systems of the post-Auschwitz period in the light of the most relevant international conventions. The essay emphasizes that dignity, in addition to providing the basis for the universalization of legal subjectivity, plays a special role in protecting the person in situations of need or disparity where the value of dignity finds a relational and coherent specification with the principle of solidarity. Particular attention is also paid to the controversial relationship between dignity and self-determination, highlighting the need to distinguish these two values from the tendency to reduce dignity to self-determination. Dignity and self-determination should not in fact be thought of as antagonistic values, since dignity is the foundation of the person’s autonomy and therefore the source of its promotion as a value. There is in fact the risk of reversing the relationship between the two values and allowing the value of dignity to be absorbed in that of self-determination with the consequence of regressing to a discriminatory conception of the dignity and substantially dismissing it of meaning. keywords Human dignity, self-determination, human rights, legal subjectivity, solidarity, bio-law

Descrizione

The seventieth anniversary of the German constitution, with the famous art. 1 which proclaims the inviolability of human dignity, constitutes an opportunity to reflect on the meaning and implications of the value of dignity in the constitutional systems of the post-Auschwitz period in the light of the most relevant international conventions. The essay emphasizes that dignity, in addition to providing the basis for the universalization of legal subjectivity, plays a special role in protecting the person in situations of need or disparity where the value of dignity finds a relational and coherent specification with the principle of solidarity. Particular attention is also paid to the controversial relationship between dignity and self-determination, highlighting the need to distinguish these two values from the tendency to reduce dignity to self-determination. Dignity and self-determination should not in fact be thought of as antagonistic values, since dignity is the foundation of the person’s autonomy and therefore the source of its promotion as a value. There is in fact the risk of reversing the relationship between the two values and allowing the value of dignity to be absorbed in that of self-determination with the consequence of regressing to a discriminatory conception of the dignity and substantially dismissing it of meaning.