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Human dignity

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Human dignity

This article is about dignity as a matter of philosophy, religion, human rights, medicine, and law. For other uses, see Dignity (disambiguation).

Dignity is a term used in moral, ethical, legal, and political discussions to signify that a being has an innate right to be valued and receive ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights. Dignity is often used in proscriptive and cautionary ways: for example in politics it is usually used to critique the treatment of oppressed and vulnerable groups and peoples, but it has also been extended to apply to cultures and sub-cultures, religious beliefs and ideals, animals used for food or research, and plants. Dignity also has descriptive meanings pertaining to human worth, although there is no exact or agreed upon definition of this worth. In general, the term has various functions and meanings depending on how the term is used and on the context.

The English word "dignity" comes from Latin dignitas by way of French dignité.[1] In ordinary usage it denotes respect and status, and it is often used to suggest that someone is not receiving a proper degree of respect, or even that they are failing to treat themselves with proper self-respect. There is also a long history of special philosophical use of this term. However, it is rarely defined outright in political, legal, and scientific discussions. International proclamations have thus far left dignity undefined,[2][3] and scientific commentators, such as those arguing against genetic research and algeny, cite dignity as a reason but are ambiguous about its application.

Philosophical history


Pico della Mirandola

A philosopher of the Renaissance, Pico della Mirandola, granted dignity to ideas and to beings. In his "Oration on the Dignity of Man", he told hostile clerics about the dignity of the liberal arts and about the dignity and the glory of angels. His comments implied the dignity of philosophers.[4] This oration is commonly seen as one of the central texts of the Renaissance, intimately tied with the growth of humanist philosophies.[5][6]

Kant

A philosopher of the Age of Enlightenment (17th and 18th centuries), Immanuel Kant held that there were things that should not be discussed in terms of value, and that these things could be said to have dignity. 'Value' is necessarily relative, because the value of something depends on a particular observer's judgment of that thing. Things that are not relative - that are "ends in themselves", in Kant's terminology - are by extension beyond all value, and a thing is an end in itself only if it has a moral dimension; if it represents a choice between right and wrong. In Kant's words: "Morality, and humanity as capable of it, is that which alone has dignity."[7] Specifically with respect to human dignity, which his writings brought from relative obscurity in Western philosophy into a focal point for philosophers, Kant held that "free will" is essential; human dignity is related to human agency, the ability of humans to choose their own actions.[8]

Alan Gewirth & Mortimer Adler

Philosophers of the late 20th century who have written significant works on the subject of dignity include Mortimer Adler and Alan Gewirth.[8] Gewirth's views on human dignity are typically compared and contrasted with Kant's, for like Kant he theorizes that human dignity arises from agency.[9][10] But while sharing Kant's view that rights arise from dignity, Gewirth focused far more than Kant on the positive obligations that dignity imposed on humans, the moral requirement not only to avoid harming but to actively assist one another in achieving and maintaining a state of "well being".[9]

Among other topics, including the dignity of labor,[11] Adler extensively explored the question of human equality and equal right to dignity.[12] According to Adler, the question of whether humans have equal right to dignity is intrinsically bound in the question of whether human beings are truly equal, which itself is bound in the question of whether human beings are a distinct class from all things, including animals, or vary from other things only by degree. Adler wrote that the only sense in which it is true that all human beings are equal is that they are equally distinct from animals.[13] "The dignity of man," he said, "is the dignity of the human being as a person—a dignity that is not possessed by things."[14] To Adler, failure to recognize the distinction challenged the right of humans to equal dignity and equal treatment.[15][16]

Others

Dan Egonsson, followed by Roger Wertheimer, argued that while it is conventional for people to equate dignity with 'being human' (Egonsson's 'Standard Attitude', Wertheimer's 'Standard Belief'), people generally also import something other than mere humanness to their idea of dignity.[17][18] Egonsson suggested that an entity must be both human and alive to merit an ascription of dignity, while Wertheimer states "it is not a definitional truth that human beings have human status."

According to Arthur Schopenhauer, dignity is opinion of others about our worth and subjective definition of dignity is our fear from this opinion of others.[19]

Religion

Human dignity is a central consideration of Protestantism and Catholicism.[8] The Catechism of the Catholic Church insists the "dignity of the human person is rooted in his or her creation in the image and likeness of God." "All human beings," says the Church, "in as much as they are created in the image of God, have the dignity of a person." The catechism says, "The right to the exercise of freedom belongs to everyone because it is inseparable from his or her dignity as a human person."[20] The Catholic Church's view of human dignity is like Kant's insofar as it springs from human agency and free will,[9] with the further understanding that free will in turn springs from human creation in the image of God.[21]

Human dignity, or kevod ha-beriyot, is also a central consideration of Judaism.[22] Talmud cautions against public charity to avoid offending the dignity of the recipient.[23] Medieval Jewish philosopher Maimonides in his codification of Halakha cautioned judges to preserve the self-respect of people who came before them: "Let not human dignity be light in his eyes; for the respect due to man supersedes a negative rabbinical command".[23]

An Islamic view of dignity was set out by Mohammad-Ali Taskhiri, head of the Islamic Culture and Communications Organization in Iran, in 1994. According to Taskhiri, dignity is a state to which all humans have equal potential, but which can only be actualized by living a religious life pleasing to the eyes of God.[24] This is in keeping with the 1990 Cairo Declaration on Human Rights in Islam, which states that "True faith is the guarantee for enhancing such [basic human] dignity along the path to human perfection".[25]

Human dignity is considered as Buddhahood in Mahayana Buddhism in which it is rooted in the idea that we are able to choose the path of self-perfection as a human being.[26]

Proclamations and conventions

Through much of the 20th century, dignity appeared in assorted writings as a reason for peacemaking and for promoting human rights. Template:Cquote Subsequent proclamations also invoke dignity in the call for more rights. None of the international proclamations suggest dignity is the rare quality that some commentators[which?] say it should be.

Medicine

In the 20th century, dignity became an issue for physicians and medical researchers. It has been invoked in questions of the bioethics of human genetic engineering, human cloning, and end-of-life care (particularly in such situations as the Terri Schiavo case, a controversial situation in which life support was withdrawn from a woman diagnosed in a persistent vegetative state).[27]

International bodies

In June 1964, the World Medical Association issued the Declaration of Helsinki. The Declaration says at article 11, "It is the duty of physicians who participate in medical research to protect the life, health, dignity, integrity, right to self-determination, privacy, and confidentiality of personal information of research subjects."[28]

The Council of Europe invoked dignity in its effort to govern the progress of biology and medicine. On 4 April 1997, the Council, at Oviedo, approved the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine. The convention's preamble contains these statements, among others:

Conscious of the accelerating developments in biology and medicine;

Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being;

Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;

Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine.

The Convention states, "Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine."

In 1998, the United Nations mentioned dignity in the UNESCO Declaration on the Human Genome and Human Rights. At Article 2, the declaration states, "Everyone has a right to respect for their dignity." At Article 24, the declaration warns that treating a person to remove a genetic defect "could be contrary to human dignity." The Commentary that accompanies the declaration says that, as a consequence of the possibility of germ-line treatment, "it is the very dignity of the human race which is at stake."

Canada

In 1996, the Government of Canada issued a report entitled New Reproductive and Genetic Technologies. The report used "the principles of respect for human life and dignity" as its reason for recommending that various activities associated with genetic research and human reproduction be prohibited. The report said the prohibited activities were "contrary to Canadian values of equality and respect for human life and dignity."[29]

Denmark

The Ministry of Health enacted the Danish Council Act 1988, which established the Danish Council of Ethics. The Council advises the Ministry on matters of medicine and genetic research on humans. In 2001, the Council condemned "reproductive cloning because it would violate human dignity, because it could have adverse consequences for the cloned person and because permitting research on reproductive cloning would reflect a disregard for the respect due to the moral status of embryos."[30]

France

In 1984, France set up the National Consultative Committee for Ethics in the Life and Health Sciences (CCNE) to advise the government about the regulation of medical practices and research. In 1986, the CCNE said, "Respect for human dignity must guide both the development of knowledge and the limits or rules to be observed by research." The CCNE said that research on human embryos must be subject to "the rule of reason" and must have regard for "undefined dignity in its practical consequences."[31] The CCNE insisted that, in research on human embryos, the ethical principles that should apply are "respecting human dignity" and respecting "the dignity of science."[31]

Portugal

The National Council of Ethics of Portugal published its Opinion on the Ethical Implications of Cloning in 1997. The opinion states, "the cloning of human beings, because of the problems it raises concerning the dignity of the human person, the equilibrium of the human species and life in society, is ethically unacceptable and must be prohibited."[32]

Sweden

Sweden's The Genetic Integrity Act (2006:351), The Biobanks in Medical Care Act (2002:297), Health and Medical Services (Professional Activities) Act (1998:531), and The Health and Medical Services Act (1982:763) all express concern for "the integrity of the individual" or "human dignity."[33]

United States

In 2008, The President's Council on Bioethics tried to arrive at a consensus about what dignity meant but failed. Edmund D. Pellegrino, M.D., the Council's Chairman, says in the Letter of Transmittal to the President of The United States, "… there is no universal agreement on the meaning of the term, human dignity."[34]

Law

McDougal, Lasswell, and Chen studied dignity as a basis for international law.[35] They said that using dignity as the basis for laws was a "natural law approach."[36] The natural law approach, they said, depends upon "exercises of faith."[37] McDougal, Lasswell, and Chen observed:[38]

The abiding difficulty with the natural law approach is that its assumptions, intellectual procedures, and modalities of justification can be employed equally by the proponents of human dignity and the proponents of human indignity in support of diametrically opposed empirical specifications of rights . . . .

Canada

In 2004, Canada enacted the Assisted Human Reproduction Act.[39] Section 2(b) of the Act states, "the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research." The Act prescribes a fine not exceeding $500,000 or imprisonment for a term not exceeding ten years, or both, if someone undertakes a proscribed activity such as the creation of a chimera.

European Union

Article 1 of the Charter of Fundamental Rights of the European Union affirms the invioability of human dignity.

France

In 1997, the National Consultative Committee for Ethics in the Life and Health Sciences, as well as other observers, noted that France's dignity-based laws on bio-medical research were paradoxical. The law prohibited the willful destruction of human embryos but directed that human embryos could be destroyed if they were more than five years old.[40] The law prohibited research on human embryos created in France but permitted research on human embryos brought to France.[40] The law prohibited researchers from creating embryos for research but allowed researchers to experiment with embryos that were superfluous after in vitro fertilization.[41]

Germany

Human dignity is the fundamental principle of the German constitution. Article 1, paragraph 1 reads: "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority."[42] Human dignity is thus mentioned even before the right to life. This has a significant impact on German law-making and jurisdiction in both serious and trivial items:

  • Human dignity is the basis of § 131 StGB, which prohibits the depiction of cruelty against humans in an approving way. § 131 has been used to confiscate horror movies and to ban video games like Manhunt and the Mortal Kombat series.
  • A decision[43] by the German Federal Constitutional Court in 1977 said life imprisonment without the possibility of parole is unconstitutional as a violation of human dignity (and the Rechtsstaat principle). Today, a prisoner serving a life term can be granted parole on good behavior as early as 15 years after being incarcerated, provided that his release is held to constitute little danger to the public. Note that persons deemed still dangerous can be incarcerated indefinitely on a life term, if this judgment is regularly reaffirmed.
  • § 14(3) of the Luftsicherheitsgesetz, which would have allowed the Bundeswehr to shoot down airliners if they are used as weapons by terrorists, was declared unconstitutional mainly on the grounds of human dignity: killing a small number of innocent people to save a large number cannot be legalized since it treats dignity as if it were a measurable and limited quantity.
  • A Benetton advertisement showing human buttocks with an "H.I.V. positive" stamp was declared a violation of human dignity by some courts, but in the end found legal.[44][45]
  • The first German law legalizing abortion in 1975 was declared unconstitutional because the court held that embryos had human dignity.[46] A new law on abortion was developed in the 1990s. This law makes all abortions de jure illegal, except if preceded by counseling (§ 219 I GERMAN CRIMINAL CODE).
  • In a decision from 1981-12-15, the Bundesverwaltungsgericht declared that peep shows violated the human dignity of the performer, regardless of her feelings. The decision was later revised. Peep shows where the performer cannot see the persons who are watching her remain prohibited as a matter of dignity.

Iran

The need to respect human dignity has been written in the Iranian constitution law. Article2 of the Iranian Constitution Law mentions six principles and infrastructures as basic to the governing system which in Article 1 is called the Islamic Republic of Iran. The sixth principle of this Article concerns human dignity and stipulates that “the Islamic Republic of Iran is a system founded on faith in ….6) Human dignity and high value and his/her freedom as well as his responsibility before God”[3]. Besides, in the prelude to the Constitution,human dignity is referred to concerning the mass media.[47]

South Africa

The Constitution of South Africa lists "human dignity, the achievement of equality and the advancement of human rights and freedoms" as one of the founding values of the South African state, and the Bill of Rights is described as affirming the "democratic values of human dignity, equality and freedom". Section 10 of the Constitution explicitly states that "Everyone has inherent dignity and the right to have their dignity respected and protected." In jurisprudence, the right to dignity is often seen as underlying more specific rights, such as equality, security of the person or privacy, but it has been directly applied in a number of cases relating to criminal punishment, the law of defamation, and the right to marriage and family life.[48]

Switzerland

The Swiss Federal Constitution provides in article 7 that "Human dignity must be respected and protected."[49] It also provides, in art. 120, that the state must "take account of the dignity of living beings as well as the safety of human beings, animals and the environment" when legislating on the use of reproductive and genetic material;[50] consequently the Federal Ethics Commission on Non-Human Biotechnology (ECNH) issued, in 2008, a publication entitled "The dignity of living beings with regard to plants".[51]

See also

References

Further reading

  • Andorno, Roberto. Human dignity and human rights as a common ground for a global bioethics. Journal of Medicine and Philosophy, 2009, 34(3):223-40.
  • Pele, Antonio. (Spanish) Una aproximación al concepto de dignidad humana Universitas. Revista de filosofía, derecho y política (Spain), Nº. 1, 2004 2005, p. 9-13.
  • Sweet, William. [1]. 'Whose Dignity is it Anyway? Lecture presented as part of the 'Breakfast on the Hill' series, Parliament Hill, Ottawa, Canada, May 2007.
  • Dignity Spiritualwiki
  • Dilley, Stephen and Nathan Palpant (eds.), Human Dignity in Bioethics. From Worldviews to the Public Square. New York: Routledge, 2013.[2]
  • Hein, David. "Christianity and Honor." The Living Church, August 18, 2013, pp. 8–10.
  • Salehi, Hamid Reza. Human Dignity From the Viewpoint of Iranian Law,Journal of Bioethical Inquiry, Volume 10, Issue 2, June 2013, 135-136. DOI:10.1007/s11673-013-9437-8.
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