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Literature Survey English © March 2001 |
Human Dignity and
International Law I. Man and his Dignity The term “human dignity”
can be found in numerous international documents. Yet,
an extensive study without certain preconceptions had
yet to be written. Now, it exists. The term “human dignity“
cannot be understood without understanding the
different views of man. A closer examination shows:
all concepts of man which have been proclaimed
throughout the ages (“man as the glory and scum of the
universe”, Pascal; man as a mere convention, e. g.
Tibetan Buddhism) can be seen as one facet of the one
but manifold human being. The Analysis shows human
dignity as being in inter-relation with the human
rights of which it is the source, but by which it is
also determined. An Examination of the
respective human rights shows, that they can be traced
back to freedom or to equality. In this context,
equality takes effect into the same direction as
freedom (justice in freedom). This, put into relation to
the conclusions drawn from the developed idea of man
leads to the consequence that the core of human
dignity is genuineness (“authenticity”), the freedom
to live according to one’s own nature. This means,
that the form of human dignity in the external world
can be different not only from culture to culture, but
also from man to man. This subjects people who apply
international law to considerable, but not
unfulfillable demands. As to the content of the term,
this interpretation does not lead to problems, because
not only the norms referring to human dignity, but all
norms have to be construed in “practical concordance”.
Freedom therefore is freedom in so far as the other
norms do not confine them, themselves being confined
by the norms of human dignity. II. Human dignity,
justice and peace The Universal Declaration
of Human Rights already indicates the relationship
between human dignity, freedom, justice and peace. They are essential aims of international law. Human dignity is being shown as a form of justice referring to man. It leads, if it is legally observed and lived in accordance with one’s own nature, to peace (Freedom to live according to one’s own nature requires recognizing one’s own essence, and this means being conscious. In this process, prejudice and discrimination, being two of the greatest impediments to peace, are being eradicated as it can be concluded from the psychology of C. G. Jung, since they are rooted in human unconsciousness and are a part of the “shadow”, which is at the same time the archetypical experience of the enemy/the Fiend. If these roots are made conscious, prejudice and false images are not being projected into law and politics, the psychological processes are not being politicised and the reciprocal application of shadow-projections is being stopped .An essential factor of conflict is being abolished.) You can read more here, and then, of cours, in my
thesis (in German):
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