This paper examines the character of human dignity. It is a controversial topic whether human dignity presents a superior fundamental principle or an enforceable human right. In a first step it shall be tried to investigate, what human dignity is in general. Then we want to present the principle of human dignity in different states of Europe, exemplary Germany, Austria and to come finally to a conclusion.
Inhaltsverzeichnis (Table of Contents)
- A. Abstract
- B. Basic of human dignity
- I Arguments for human dignity as an enforceable right
- II. Fundamental principle
- III. Human Dignity in Austria
- 1. Jurisdiction
- 2. Controversial discussion in Austria
- 3. Main Doctrine
- 4. Preamble of ECHR as human dignity.
- IV. Human dignity as basic norm of constitutional state.
- 1. Human dignity in PersFrG.
- 2. Forbid of humiliation
- 3. No codification in Austrian Constitution.....
- 4. Human dignity as subjective legal guarantee...
- 5. Hijacked plane........
- 6. Rights of § 16 ABGB...
- 7. § 96 Abs 1 Zf. 3 ArbVG
- 8. § 5a KAKUG
- V. Human dignity as normative idea
- VI. Human dignity in prenatal status.
- VII. Practical cases of human dignity
- 1. Case Magnus Gäffgen/Wolfgang Daschner/Jacob von Metzler.
- 2. Case of hijacked planes
- 3. Shoot to kill..
- C. Conclusion.......
- The nature and interpretation of human dignity in legal theory
- The status of human dignity as a fundamental principle and/or an enforceable right
- The impact of human dignity on Austrian legal system and its application in practical cases
- The role of human dignity in safeguarding individual rights and freedoms
- The challenges and controversies surrounding the concept of human dignity in modern society
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This legal research paper examines the complex question of whether human dignity should be considered a superior fundamental principle or an enforceable human right. It delves into the theoretical foundations of human dignity, explores its application in Austria, and analyzes various legal frameworks surrounding it.
Zusammenfassung der Kapitel (Chapter Summaries)
The research paper begins with an abstract that provides a concise overview of the subject matter. It then delves into the fundamental principles of human dignity, examining arguments for its recognition as an enforceable right. The third chapter focuses on the concept of human dignity within the Austrian legal system, analyzing its role in jurisprudence and its application in practical cases. The paper concludes with a discussion on the practical implications of human dignity in a variety of real-world situations.
Schlüsselwörter (Keywords)
The key themes and concepts explored in this paper include human dignity, fundamental rights, legal theory, Austrian law, jurisprudence, constitutionalism, enforcement, legal guarantees, practical cases, and ethical considerations.
Frequently Asked Questions
Is human dignity an enforceable right or a superior principle?
This is a major legal debate. While some see it as a foundational principle that guides law-making, others argue it is a subjective, enforceable right that individuals can claim in court.
How is human dignity treated in the Austrian Constitution?
Unlike Germany's Basic Law, the Austrian Constitution does not explicitly codify human dignity as a single basic norm, but it is derived from various laws like § 16 ABGB and international treaties like the ECHR.
What was the legal significance of the Gäffgen/Daschner case?
This case highlighted the absolute nature of human dignity, ruling that even to save a life, the state cannot use threats of torture or humiliation against a suspect.
Does human dignity apply to the prenatal status?
The extent to which human dignity protects life before birth is highly controversial and varies significantly across different European legal systems and ethical doctrines.
What is the "forbid of humiliation" in legal terms?
It is a core element of human dignity which states that no person should be treated as a mere object or subjected to treatment that denies their quality as a human being.
- Arbeit zitieren
- Fabian Schuster (Autor:in), 2020, Human Dignity. A superior Principle or an enforceable human right?, München, GRIN Verlag, https://www.grin.com/document/1352715
