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.
Table of Contents
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
Objectives and Topics
This work explores the legal and philosophical nature of human dignity, specifically debating whether it functions primarily as an abstract fundamental principle or as an enforceable human right. The research examines how different legal systems, with a focus on Germany and Austria, integrate the protection of human dignity into their constitutional frameworks and legal practices, particularly in challenging borderline cases.
- Theoretical foundations of human dignity in biblical, Christian, and antique traditions.
- Comparative analysis of legal codification in Germany versus the Austrian approach.
- Human dignity in the context of prenatal status and medical ethics.
- Constitutional implications of state intervention in cases of hijacked planes and emergency situations.
- Practical legal analysis of infringement cases such as the Gäffgen/Daschner incident.
Excerpt from the Book
1. Case Magnus Gäffgen/Wolfgang Daschner/Jacob von Metzler
The German law student Magnus Gäffgen kidnapped Jacob von Metzler, son of a rich banker family of Frankfurt/Main to obtain ransom. When handover of money had been arranged, police arrested Magnus Gäffgen. During police questioning, Gäffgen refused to relinquish where he hid the child. Chief of police Wolfgang Daschner commanded a police officer to thread him with pain, if he does not relinquish where he hid the child. Daschner thought, this would be the only possibility to save the life of the child. Gäffgen told where he hid the child, but police only could retrieve the dead body of the child. Daschner forced the investigating policeman to thread Gäfgen “pain he never knew before”. Generally, this case could be justified by self-defence (§ 3 in Austrian, § 32 StGB in German penal code). But there are doubts on the necessity of self- defence, because forcing a statement by violence could be inconsistent with higher legal principles.
Summary of Chapters
B. Basic of human dignity: This introductory section outlines the historical and philosophical origins of human dignity and questions its status as an enforceable legal right.
I Arguments for human dignity as an enforceable right: This chapter analyzes the grammatical and legal connection between different articles of the German Basic Law to determine if human dignity mandates a specific legal rule.
II. Fundamental principle: This chapter discusses human dignity as a constitutive reason for the universal human claim to freedom and rights.
III. Human Dignity in Austria: This chapter examines how Austria handles human dignity in the absence of explicit constitutional codification, relying on jurisdiction and indirect legal protections.
IV. Human dignity as basic norm of constitutional state: This chapter categorizes various legal provisions, such as the PersFrG and ABGB, that attempt to safeguard human dignity in specific societal and legal scenarios.
V. Human dignity as normative idea: This chapter explores human dignity as the source of all basic rights and its development in international charters and philosophy.
VI. Human dignity in prenatal status: This chapter investigates the ethical and legal problems surrounding the dignity of the unborn child, specifically in the context of late-stage abortions.
VII. Practical cases of human dignity: This chapter applies theoretical knowledge to real-world scenarios, including terrorist threats, hostage situations, and police conduct.
C. Conclusion: The final chapter synthesizes the research, suggesting that human dignity functions best as a dual concept: both an untouchable reserve basic right and a guiding higher principle to prevent its degradation.
Keywords
Human Dignity, Constitutional Law, Fundamental Rights, Germany, Austria, ECHR, Legal Theory, Protection of Life, Self-Determination, Basic Law, Constitutional Complaint, Ethics, Prenatal Status, Law Enforcement, Human Rights.
Frequently Asked Questions
What is the primary focus of this research paper?
The paper examines the dual character of human dignity, questioning whether it is a superior fundamental principle or an enforceable human right within constitutional law.
What are the central thematic fields covered?
The work spans legal philosophy, constitutional comparative law (specifically German vs. Austrian systems), medical ethics concerning prenatal life, and the conduct of state authorities in emergency scenarios.
What is the core research question?
The author aims to investigate if and how human dignity can be legally protected as an enforceable right versus remaining an abstract normative principle.
Which scientific methods does the author use?
The paper utilizes a doctrinal legal analysis, comparing constitutional texts, jurisdiction, and academic literature from Germany, Austria, and international European sources.
What topics are discussed in the main part of the work?
The main part covers the historical basis, national codification differences, human dignity's normative role, prenatal status issues, and critical real-world case studies like the Gäffgen/Daschner incident.
Which keywords characterize the work?
Key terms include Human Dignity, Fundamental Rights, Constitutional Law, Enforceability, Legal Doctrine, and Ethics.
How does the author evaluate the "Case Magnus Gäffgen/Wolfgang Daschner"?
The author highlights the conflict between the necessity of saving a child's life and the absolute prohibition of torture, noting that forcing statements via violence may violate fundamental legal principles.
Why is the "Ahuman Manifesto" mentioned in the text?
It is used as a philosophical counter-point to demonstrate the necessity of establishing human dignity as a higher principle, preventing humans from being seen as mere available "parts of earth."
How does Austria handle human dignity compared to Germany?
Unlike Germany, where human dignity is explicitly codified, Austria relies on a combination of indirect legal references (such as in the ABGB or ArbVG) and interpretation because it lacks a unified, standalone codification in its constitution.
- Quote paper
- Fabian Schuster (Author), 2020, Human Dignity. A superior Principle or an enforceable human right?, Munich, GRIN Verlag, https://www.grin.com/document/1352715
