This document discusses the concept of human dignity in international law. It notes that human dignity is recognized as a basic value in numerous international agreements and constitutions. However, in practice dignity has also been used to limit or constrain certain rights. For example, some argue that pornography must be censored if it is regarded as degrading to human dignity, especially women's dignity. Dignity is also associated with protecting individuals from severe physical or mental harm inflicted by authorities, and from discrimination. The obligation of states to protect human dignity may also justify limiting individual rights, even if individuals do not want those limitations, as was the case regarding prohibiting women from exposing themselves for payment. Jurgen Habermas argues that human dignity serves as

1. Dignity
The Critical Gender
Perspective
Karina Klepere
Rights, Gender & International law
LLM.

2. HUMAN DIGNITY IS ACCEPTED BASIC VALUE
•“To reaffirm faith in fundamental human rights, in the dignity and
worth of the human person, in equal rights of men and women and of
nations large and small.”
The Preamble of the Charter of the United
Nations
•“All human beings are born free and equal in dignity and rights. They
are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.”
Article 1 of the Universal Declaration of
Human Rights
•“All persons deprived of their liberty shall be treated with humanity
and with respect for inherent dignity of the human person”
Article 10 of the international Covenant
on Civil and Political Rights proves in that
•Articles 5; 6; 11
Similar provision found in American
convention on Human Rights
•“Education shall be directed to full development of the human
personality and sense of dignity”
Article 13 of the International Covenant
on Economic, Social and Cultural Rights
•“All of which derive from the inherent dignity of the human person”Principle 7 of the Helsinki Accords
•Human dignity is inviolable. It is the duty of all governmental power to
respect and protect it
Article 1 of German Federal Constitution
states

3. In practice, however, dignity has
come to be used as major contract
on some rights

4. In Supreme Court of Israel, in Station
Film Co. v. Public Council for Film
Censorship
had expressly recognised artistic value of the film had
to be weighed against the need to protect human
dignity.
• Dignity basis on limit, constrain rights; arguing that pornography must
be censored where regarded as degrading to human dignity,
especially to dignity of women

5. Dignity in association
of freedom from
humiliation
Associated with protecting
individuals from severe
physical or mental
torment if inflicted by the
authorities
• Thus prohibiting torture and
other inhuman or degrading
treatment
Associated with
protection from
discrimination

7. Dignity is not at the disposal of the
individual
• The federal Administrative
Court, held that the dignity
of women who work in
“peep-shows” exposing
themselves to men for
payment, is violated and
they can legitimacy be
prohibited from doing so.
The obligation of
state to protect
human dignity
may justify
limiting the rights
of the person
whom the state
seeks to protect,
irrespective of
the preferences
of the individual

8. Jurgen Habermas argues that
human dignity serves as conceptual
hinge in establishing connection
between natural and positive law.
• Rationally justified and morally
anchored
conclusion