Human Dignity and Judicial Interpretation of Human Rights
Bibliographic Data
| ID | 5789665 |
|---|---|
| Authors | Christopher Mccrudden (0009-0001-2280-0426, Lincoln College, corresponding author) |
| Year | 2008 |
| Volume | 19 |
| Issue | 4 |
| Pages | 655-724 |
| Publication date | 2008-09-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ejil/chn043 |
| OpenAlex | W2119540646 |
| Language | EN |
| Citations received | 148 |
| References cited | 3 |
The Universal Declaration on Human Rights was pivotal in popularizing the use of 'dignity' or 'human dignity' in human rights discourse. This article argues that the use of 'dignity', beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. The meaning of dignity is therefore context-specific, varying significantly from jurisdiction to jurisdiction and (often) over time within particular jurisdictions. Indeed, instead of providing a basis for principled decision-making, dignity seems open to significant judicial manipulation, increasing rather than decreasing judicial discretion. That is one of its significant attractions to both judges and litigators alike. Dignity provides a convenient language for the adoption of substantive interpretations of human rights guarantees which appear to be intentionally, not just coincidentally, highly contingent on local circumstances. Despite that, however, I argue that the concept of 'human dignity' plays an important role in the development of human rights adjudication, not in providing an agreed content to human rights but in contributing to particular methods of human rights interpretation and adjudication
Adjudication · Dignity · Judicial interpretation · International Law and Human Rights · Judicial and Constitutional Studies · Ombudsman and Human Rights
Dimensions of Maqāṣid Al-Sharī‘ah and Human Rights in the Constitutional Court’s Decision on Marriage Age Difference in Indonesia
Human dignity, self-worth, and humiliation
Religion as a Predictor for the Support of Judicial Human Rights
On the Relatively Recent Rise of Human Dignity
Dignity, rank, and rights
The Politics of the Human
Degradation
Introduction
Globalization and Sovereignty
Dignity Rather than Right
Democracy and Human Dignity
Benedict’s Legacy
El concepto de dignidad humana y la utopía realista de los derechos humanos
Human Dignity and Human Rights
The Concept of Human Dignity and the Realistic Utopia of Human Rights
Replaying the Past
Replaying the Past
Deference, Dignity and ‘Theoretical Crisis’
What is an 'absolute right'? Deciphering Absoluteness in the Context of Article 3 of the European Convention on Human Rights
Safeguarding Physical and Mental Health Rights in African Conflict Regions
Algorithmic Sentencing and Human Dignity
Algunas reflexiones críticas en torno a las ideas de J. Waldron y R. Dworkin sobre la dignidad humana
Evaluation of the ethical dimensions of forensic DNA databases
A critical evaluation of Clifford Christians’s media ethics theory
Human Dignity in the Era of Artificial Intelligence and Robotics
Facing fundamental rights in the age of preventive ex ante AI
Arguments of Dignity and Pluralism Concerns in Recent Constitutional Court Adjudication
Los usos del término “dignidad” en la jurisprudencia de la Corte Interamericana de Derechos Humanos
Beyond Reasonableness
De la revuelta a la nueva constitución
Triangulation of Theoretical and Empirical Conceptualizations Related to the Rule of Law
Reclaiming human dignity
Future of global regulation of human genome editing
Human Dignity Along a Spectrum
Taste-Based Statistical Discrimination
Cultural heritage
“We’re Silent Heroes”
Human rights under pressure
Dignity at the limit
Is There a Duty to Respect “Historical” Faith? Christian Proselytism of an Older Jewish Woman With Dementia
The Concept of Human Dignity and the Realistic Utopia of Human Rights
Responsive Human Rights
International Human Rights and Mental Disability Law
The Concept of Human Dignity and the Realistic Utopia of Human Rights
Europe's Migration Crisis
A Commentary on the International Covenant on Civil and Political Rights
Debate jurídico sobre a prostituição, a dignidade da pessoa humana e o direito fundamental ao trabalho
A New Dawn for Gay Rights in Botswana
Orthodox Theology in Dialogue with Human Rights
The Uses and Limits of Legalism
A letter to the loser’? Public law and the empowering role of the judgment
A Systematic Review of Family Violence Prevention Among Indigenous Populations
I’m Outside the Box. Too Outside the Box, I Explode It!”
Impacts of meeting minimum access on critical earth systems amidst the Great Inequality
Criteria to scrutinize new rights
O STF e o ensino religioso em escolas públicas
Termination of Employment Based on Employee’s HIV Status
Exploring the use of the concept human dignity in disability human rights law
The Political, Legal and Moral Scope of the Universal Declaration of Human Rights
Hobbes and the economic, social and cultural rights of the universal declaration of human rights
Algorithmic Discrimination From the Perspective of Human Dignity
Dignity Disputed
Chaos in the Sporting World over Russia’s War of Aggression
Legal doctrine as human rights ‘practice’
A Difficult Legacy
Interpretation of the Prohibition of Torture
Academic Bullying and Human Rights
Ageing with Dignity
Measuring cyber pornography based on Indonesian living law
History of the present of the right to play, affective governance, and making exclusion in joy
Theuth, Thamus, and digital civics
The limits of (digital) constitutionalism
Human dignity
Dignity as humanness
Respect for human dignity as ‘substantive basic norm’
The legal recognition of personality
Accounts of vulnerability within positive human rights obligations
Normative Versus Taxonomic Humanity
Taking it on the chin”
The expressive function of human dignity
Are human rights associative rights? The debate between humanist and political conceptions of human rights revisited
Long-term urgent interests and human rights practice
Human” dignity beyond the human
LGBT rights versus Asian values
Vernacularising human dignity in human rights education
Self respect—A “Rawlsian Primary Good” unprotected by the European Convention on Human Rights and its lack of a coherent approach to stigmatization
The Language of Dignity in International Law
The World Conference on Human Rights
A human rights-based approach to compulsory treatment of young people experiencing mental disorder
The Limits of Dignity at the Intersection of Autonomy, Identity and Affect
Taking wishes and feelings seriously
Dignity or discrimination
Social rights, child rights, discrimination and devolution
Human dignity as an essentially contested concept
Bang Jung Whan – The Korean Pioneer of Children’s Rights
Justifying Children’s Rights
Protecting the mental realm
Non-pecuniary damages before the European Court of Human Rights
Should We Take the “Human” Out of Human Rights? Human Dignity in a Corporate World
Human Dignity and Transitional Justice in European Post-Conflict Societies
| Unique citing works | 148 |
|---|---|
| Citations per year | 8,71 |
| Citation span | 2009 - 2026 (18) |
| Citation velocity | current |
| Highly cited | Yes |
| Citation types | Neutral: 144 |