Journal articles on the topic 'Principle of dignity'

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1

Dupré, Catherine. "Human Dignity in Europe: A Foundational Constitutional Principle." European Public Law 19, Issue 2 (June 1, 2013): 319–39. http://dx.doi.org/10.54648/euro2013020.

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Human dignity has become one of the central issues in the international discussion of human rights and constitutionalism. It attracted special attention with the celebration of the sixtieth anniversary of the 1948 Universal Declaration of Human Rights adopted by the United Nations and, more recently, scholars have sought to explore human dignity's legal meaning in more theoretical terms, as well as to survey and catalogue its different manifestations across a number of legal systems worldwide. This article contributes to the international debate about human dignity's legal significance by focussing on another dimension, namely the ways in which the concept is understood and used in European constitutionalism, where it has been deployed since the end of World War II and its importance has become undisputed.
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Kremnitzer, Mordechai, and Tatjana Hörnle. "Human Dignity and the Principle of Culpability." Israel Law Review 44, no. 1-2 (2011): 115–41. http://dx.doi.org/10.1017/s0021223700000984.

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The paper describes the origins and implications of the principle of culpability in Germany and Israel. The comparison shows that the principle of culpability is more closely related to human dignity in German law and that it carries more weight there than in Israeli law. However, the adoption of the Basic Law: Human Dignity and Liberty and the new General Part of the Israeli Criminal Code in the 1990's have increased the role and impact of the principle of culpability in Israeli law.
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Riley, Stephen. "Human Dignity as a Sui Generis Principle." Ratio Juris 32, no. 4 (December 2019): 439–54. http://dx.doi.org/10.1111/raju.12258.

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4

Peters, Jean Koh. "Seeking Dignity, Voice and Story for Children in Our Child Protective Systems." International Journal of Children’s Rights 26, no. 1 (March 7, 2018): 5–15. http://dx.doi.org/10.1163/15718182-02601004.

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Three principles: (1) revolve one’s representation around both the child-in-context and the theory of the case; (2) respect one’s child client whether present or absent; and (3) cultivate the right relationships with the child’s significant others – embody values central to representing children: dignity, voice, and story. At the same time, these principles both safeguard and imperil dignity, voice, and story, centrepieces of our service mission. Within each principle, dignity, voice and story collide with and contradict each other. These tensions, our determination to keep the child’s, not other adult concerns, paramount, and nonjudgment critically inform how we weigh children’s views in justice proceedings.
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Krylatova, Irina. "Human Dignity from Inherent to Constitutional Value." SHS Web of Conferences 134 (2022): 00061. http://dx.doi.org/10.1051/shsconf/202213400061.

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Human dignity is the nature of a human being. It became a modus of human existence, which differentiates humans from other biological species. Human life and human dignity are declared the priority values in international conventions and declarations. Intrinsic character of human dignity was the forerunner for the development of the new multidiscipline named bioethics in the XX century. This article begins with the basics of international regulations in the field of human dignity, definitions, analysis of main characteristics and doctrines of human dignity, inherent values and constitutional values. Further the author stresses the importance of understanding the meaning of inherent human dignity in connection with manipulations with somatic rights. The author concludes that the lack of human life and human dignity evaluation is the main point of the core principle of inherent human dignity based on personal selfawareness. In this regard the article focuses on the statement that human dignity should be an absolute value based on bioethical principles. Then the author goes on to compare constitutional values and human dignity as a value. The research is concluded with the suggestion that inherent human dignity is a base of constitutional values in the particular field of legal relations. In addition, inherent dignity may be the framework of constitutional values.
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Pop, Irina Mihaela, and Cosmin Constantin Baias. "Communicating human dignity in education (Notes on Romanian education system)." Contemporary Educational Researches Journal 8, no. 2 (May 29, 2018): 57–65. http://dx.doi.org/10.18844/cerj.v8i2.3481.

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The basic assumption of the paper is that the Romanian curricula reflects the opportunities created at the social level to embrace the values–principle of human dignity and to defend it as a defining value of contemporary civilisation. Firstly, looking for the curricula where the value is a topic and secondly, to interview the graduate students on what they learned in their education on the human dignity. Only some of the higher education syllabi in the programmes such as political sciences, theology, law and bio-ethics for medicine or philosophy open some windows to understand the deep implications of the value in our concrete life. But, even here, the human dignity’s communication is incoherent. These programmes do not share a basic meaning and conclude into comparable recommendations. The human dignity’s communication is also out of a project, systematically conducted, reported and adapted to the community’s needs. The education must take action in doing it. Keywords: Human dignity, communication, curriculum, education.
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Siddique, Hafiz Muhammad, and Farzana Iqbal. "U-23 A Research Analysis of Human Dignity and Medical Cases from the Perspective of Islam and Western Philosophy." Al-Aijaz Research Journal of Islamic Studies & Humanities 4, no. 1 (June 27, 2020): 331–42. http://dx.doi.org/10.53575/u23.v4.01.331-342.

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The principle of human dignity is one of the universally accepted principles among nations and peoples, thus it is considered the most important human right. It is a necessary attribute for human being that cannot be separated since first breath in the womb of mother; and it continued even after the death. Hence the man deserves respect and dignity before birth in mother’s womb, in this worldly life and after death too. A person himself, as a bearer of this value of dignity, must respect the dignity of others in all his dealings. It a comparative study between the understanding of human dignity by Western philosophers and the Islamic Shrī’ah. Further there is an attempt to apply the both understandings on modern day medical cases; like abortion without any reason, cloning of human organs, blood transfusion without permission, artificial respiration after death, mercy killing by patient or medical staff, etc.
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8

Saxena, Shekhar, and Fahmy Hanna. "Dignity- a fundamental principle of mental health care." Indian Journal of Medical Research 142, no. 4 (2015): 355. http://dx.doi.org/10.4103/0971-5916.169184.

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9

Syed Bidin, Sharifah Norshah Bani binti, and Ahmed S. A. Al-Qodsi. "Manifestasi Karamah Insaniah dan Ciri-ciri Keistimewaannya dalam al-Quran al-Karim [Manifestation of Insaniah Karamah and Its Special Features in The Qur'an Al-Karim]." Jurnal Islam dan Masyarakat Kontemporari 11 (October 1, 2015): 75–98. http://dx.doi.org/10.37231/jimk.2015.11.3.140.

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The principal of human dignity, that respects the dignity of humanity and human dignity is the main foundation of human rights. It is an indicator of the humanity that distinguishes it from all creatures. Human Rights in Islam refer to the set of Islamic laws aimed at preserving the betterment of human in accordance with the nature of humanity for noble survival.This article aims to discuss the whole spectrum of the principle of human dignity in al - Quran al - Karim and the uniqueness of these principles through descriptions of related selected Quranic verses. The main description of the fundamentals of human dignity in this article is extracted from Surah al - Isra ' , verse 70 based on document analysis, through the books of Quranic Exegesis and the references which are related to human rights in Islam. As a result, the study shows that the foundations of human dignity described in this paragraph are interrelated and complement each other . Manifestations of human rights through this human dignity principle are collected within five ( 5 ) items and its privileges declared in al - Quran al - Karim is also exposed to the five ( 5 ) items . This also shows a significant difference compared to the principles of human rights proclaimed in international law or other religions as Islam put the Human Dignity as the main foundation of human rights. Keywords : Human Dignity, Human Rights, Rights in al - Quran al - Karim Karamah insaniah, iaitu menghormati martabat keinsanan dan maruah manusia adalah merupakan asas utama dalam hak asasi manusia yang dititikberatkan dalam al-Quran al-Karim. Hak Asasi Manusia (HAM) dalam Islam merujuk kepada himpunan hukum-hukum syarak yang bertujuan untuk memelihara kemaslahatan manusia yang sesuai dengan sifat-sifat kemanusiaannya demi kelangsungan hidup yang mulia. Prinsip karamah insaniah merupakan indikator keinsanan manusia yang membedakannya daripada sekalian makhluk. Artikel ini bertujuan untuk membincangkan secara menyeluruh mengenai karamah insaniah dalam al-Quran al-Karim, dan ciri-ciri keistimewaannya melalui analisis ayat-ayat terpilih yang berkaitan. Huraian utama mengenai asas-asas karamah insaniah oleh Allah s.w.t dalam artikel ini dicerakinkan daripada surah al-Isra’, ayat 70 melalui analisis daripada kitab-kitab tafsir dan rujukan berkaitan HAM dalam Islam. Hasilnya, kajian mendapati bahawa asas-asas karamah insaniah yang dinyatakan dalam ayat ini adalah saling berkait dan melengkapi antara satu sama lain. Manifestasi prinsip karamah insaniah dalam al-Quran al-Karim ini terhimpun dalam lima (5) perkara, dan ciri-ciri keistimewaannya yang dinyatakan dalam al-Quran juga dapat dirumuskan kepada lima (5) perkara. Hal ini membuktikan bahawa prinsip hak-hak asasi manusia dalam Islam adalah yang perbezaannya yang ketara berbanding prinsip hak-hak asasi manusia yang dicanangkan dalam undang-undang antarabangsa mahupun agama lain. Ini kerana, Islam menjadikan karamah insaniah sebagai asas utama HAM. Kata kunci: Karamah Insaniah, Hak Asasi Manusia, Hak Asasi dalam al-Quran al-Karim
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10

Popescu Ljungholm, Doina. "PUBLIC HEALTH SISTEM IN SWEDEN." Agora International Journal of Juridical Sciences 8, no. 1 (February 4, 2014): 141–47. http://dx.doi.org/10.15837/aijjs.v8i1.939.

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The Swedish health care system is a socially responsible system with an explicit publiccommitment to ensure the health of all citizens. Quality health care for all is a cornerstone ofthe Swedish welfare state. The 1982 Health and Medical Services Act not only incorporatedequal access to services on the basis of need, but also emphasizes a vision of equal health forall. Three basic principles areintended to apply to health care in Sweden. The principle ofhuman dignity means that all human beings have an equal entitlement to dignity, and shouldhave the same rights, regardless of their status in the community. The principle of need andsolidarity means that those in greatest need take precedence in medical care. The principle ofcost–effectiveness means that when a choice has to be made between different health careoptions, there should be a reasonable relationship between the costs and the effects, measuredin terms of improved health and improved quality of life.
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11

Teles Valois De Amorim, Victoria, and Michely Vargas del Puppo Romanelo. "Syrian Refugees in Brazil: Protection of Human Rights and their Developments." ATHENS JOURNAL OF LAW 8, no. 1 (December 29, 2021): 65–82. http://dx.doi.org/10.30958/ajl.8-1-4.

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This study will present the issue of Syrian refugees in Brazil, whose immigration event occurs because of the terrible conditions offered in their native country, which makes these individuals seek refuge in other countries, seeking, in addition to a better condition, a life that is worthy. It is understood that the concept of dignified life goes against what is advocated by the Brazilian Federal Constitution, as well as fundamental rights, and even more related to the dignity of the human person. Thus, this article will bring an analysis of the context of this event, which has been happening quite frequently, making Brazil one of the countries that most welcome immigrants in the world. However, one factor draws attention in the middle of this process, as the Covid-19 pandemic has been following the population for more than a year, which makes border controls more rigid. In addition, Brazil, with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. with its native population, is already experiencing various social problems, such as hunger, unemployment, poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. poor distribution of income and gold, which makes us rethink whether the rights and dealings with these refugees are being truly effective, in order to welcome and help in the development of a dignified life. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. The research will have its principle bibliographic reviews, in books, journals and articles referring to the area, in order to bring different standards that can be worked in society and contribute to the scientific community. It is evident that a dignified life is only possible if the guarantees, freedom, equity, and other principles, such as the dignity of the human person, provided by the Federal Constitution are observed. Keywords: Refugees; Syria; Human rights; Dignity of human person; Warranties.
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12

FOSTER, CHARLES. "Dignity and the Ownership and Use of Body Parts." Cambridge Quarterly of Healthcare Ethics 23, no. 4 (July 17, 2014): 417–30. http://dx.doi.org/10.1017/s0963180114000097.

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Abstract:Property-based models of the ownership of body parts are common. They are inadequate. They fail to deal satisfactorily with many important problems, and even when they do work, they rely on ideas that have to be derived from deeper, usually unacknowledged principles. This article proposes that the parent principle is always human dignity, and that one will get more satisfactory answers if one interrogates the older, wiser parent instead of the younger, callow offspring. But human dignity has a credibility problem. It is often seen as hopelessly amorphous or incurably theological. These accusations are often just. But a more thorough exegesis exculpates dignity and gives it its proper place at the fountainhead of bioethics. Dignity is objective human thriving. Thriving considerations can and should be applied to dead people as well as live ones. To use dignity properly, the unit of bioethical analysis needs to be the whole transaction rather than (for instance) the doctor-patient relationship. The dignity interests of all the stakeholders are assessed in a sort of utilitarianism. Its use in relation to body part ownership is demonstrated. Article 8(1) of the European Convention of Human Rights endorses and mandates this approach.
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Brungardt, John G. "Is Personal Dignity Possible Only If We Live in a Cosmos?" Proceedings of the American Catholic Philosophical Association 92 (2018): 223–40. http://dx.doi.org/10.5840/acpaproc2020917108.

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The Catholic Church has increasingly invoked the principle of human dignity as a way to spread the message of the Gospel in the modern world. Catholic philosophers must therefore defend this principle in service to Catholic theology. One aspect of this defense is how the human person relates to the universe. Is human dignity of a piece with the material universe in which we find ourselves? Or is our dignity alien in kind to such a whole? Or does the truth lie somewhere in between? The metaphysics of creation properly locates the human being in the universe as a part, ordered to the universe’s common good of order and ultimately to God. Human dignity is possible only in a cosmos; that this is concordant with modern scientific cosmology is briefly defended in the conclusion.
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Zhura, V. V., and E. G. Semenova. "IMPLEMENTATION OF BIOETHIC PRINCIPLES IN THE EVALUATION OF THE PATIENT’S STATUS AND ROLE IN WRITTEN MEDICAL INTERACTION." Bioethics 25, no. 1 (May 8, 2020): 35–39. http://dx.doi.org/10.19163/2070-1586-2020-1(25)-35-39.

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The article explored the fact that various bioethical principles underlie the evaluation of the patient’s status and role in therapeutic interactions in written medical documents. We have found that characterization of biomedical, social and behavioural aspects of the patient’s existence relies on such bioethical principles as obligation, truthfulness, respect for human rights and dignity, the patient’s good. A few facts of the violation of the principle of respect for human rights and dignity consisting in verbal stigmatization have been provided. Bioethical perspective is also taken to evaluate the mode and extent of the patient’s involvement in a medical interaction, which are either negatively or positively assessed based on the patient’s compliance and good.
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Jackson, Ann, and Wendy Irwin. "Dignity, humanity and equality: Principle of Nursing Practice A." Nursing Standard 25, no. 28 (March 16, 2011): 35–37. http://dx.doi.org/10.7748/ns2011.03.25.28.35.c8396.

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Jackson, Ann, and Wendy Irwin. "Dignity, humanity and equality: Principle of Nursing Practice A." Nursing Standard 25, no. 28 (March 16, 2011): 35–37. http://dx.doi.org/10.7748/ns.25.28.35.s52.

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Knoepffler, Nikolaus, and Martin O’Malley. "Chapitre 5. Human dignity: regulative principle and absolute value." Journal International de Bioéthique 21, no. 3 (2010): 63. http://dx.doi.org/10.3917/jib.213.0063.

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Osipova, Sanita. "Bioethics in Correlation with the Principle of Human Dignity." Journal of the University of Latvia. Law 13 (2020): 121–36. http://dx.doi.org/10.22364/jull.13.07.

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19

Orlovsky, O. Ya, and M. I. Bodnaruk. "Human dignity is a fundamental value fnd basis of social rights." Uzhhorod National University Herald. Series: Law, no. 67 (January 16, 2022): 129–33. http://dx.doi.org/10.24144/2307-3322.2021.67.26.

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The article under studies is a complex analysis of the essence of the notion of human dignity” as a system-forming category that comprises the doctrine of the present-day right to social protection. It reveals the basic conceptual approaches to the notion of “human dignity” and regards the latter as an indispensable feature of a social state. Particular emphasis has been laid on the fact that the genesis of the doctrine of human dignity is traditionally associated with the ideas about human rights. It has also become the basis for natural law and universal human rights. Human dignity has a dual nature. It may be regarded as an objective phenomenon, which is common for all individuals (value, principle, the source of human rights, the latters’ essence and objectives), as well as a subjective right or interest of any person. The article distinguishes theological, philosophical and legal approaches to understanding the essence of human dignity. It ascertains that the principle of ensuring respect for human dignity is present in practically all world standards on human rights and is the most essential sample and criterion for assessing the efficiency of any social policy. Human dignity is a significant anthropological and cultural value of every human, the source of his / her right to social protection. In this respect, it is essential to comprehend the legal position of the Constitutional Court of Ukraine concerning the protection of human right to respect for human dignity, as well as to identify the main objective of a social state – to ensure each citizen’s decent standard of living. It has been accentuated that the right to respect for human dignity acquires peculiar system-forming significance within a social state, since the whole range of individual’s social rights relies on it. Person’s decent standard of living completely depends on the implementation of these rights. Within the right to social protection, it is expedient to consider the notion of “human dignity” as a fundamental value that promotes the emergence of all other values; as a basic principle of any law; as an absolute natural law; as the obligation not to encroach upon the dignity of other individuals; as a source of the entire complex of all human rights and freedoms. The article also contains the description of major features of human right to dignity: natural character; inalienability and inviolability; absoluteness; universality; social significance and dependence on socio-historical conditions of society.
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CUMMISKEY, DAVID. "Dignity, Contractualism and Consequentialism." Utilitas 20, no. 4 (December 2008): 383–408. http://dx.doi.org/10.1017/s0953820808003233.

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Kantian respect for persons is based on the special status and dignity of humanity. There are, however, at least three distinct kinds of interpretation of the principle of respect for the dignity of persons: the contractualist conception, the substantive conception and the direct conception. Contractualist theories are the most common and familiar interpretation. The contractualist assumes that some form of consent or agreement is the crucial factor that is required by respect for persons. The substantive conceptions of dignity, on the other hand, treat the concept of dignity as a substantive value that justifies a deontological conception of respect for persons. A third conception of respect for the dignity of persons, the conception that I favor, focuses directly on the special value of our rational nature. According to this consequentialist conception, we respect the dignity of persons by promoting the flourishing of rational nature.
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Rayimov, Abdulkhamid Abdulxakimovich, and Gulnoza Yigitalievna Karimova. "SOCIAL ASPECTS OF THE FORMATION OF SOCIAL ACTIVITY IN YOUTH." Oriental Journal of Social Sciences 01, no. 01 (July 1, 2021): 29–32. http://dx.doi.org/10.37547/supsci-ojss-02-05.

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Today, democratic principles of life in developed countries are also assessed by how much they elevate human dignity. In this sense, the essence of the fundamental changes and reforms taking place in our country is based on this principle. In the implementation of this principle, the formation of a new worldview, healthy thinking and social activity based on the harmony of national and universal values is of great importance. The article scientifically studies the features of the formation of social activity of young people.
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Razumovskaya, Anna Aleksandrovna. "The forms of educational process organization at the institution of secondary vocational education." Samara Journal of Science 9, no. 4 (November 30, 2020): 337–42. http://dx.doi.org/10.17816/snv202094313.

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The paper actualizes the problem of the effectiveness of educational process organization at the institution of secondary vocational education. Various aspects of education in the system of secondary vocational education are presented and special attention is focused on the forms of educational process organization. The author shares the experience of students education through the use of such forms of educational process organization as student self-government and student public association in the branch of Murmansk Arctic State University in Kirovsk. The principles on which student self-government in the branch is based (the principle of statehood, the principle of voluntariness, the principle of unification, the principle of autonomy, the principle of partnership, the principle of consistency, the principle of corporatism) are indicated and the characteristics of these principles are given. The value foundations of student self-government organization in the branch are presented: goodness, justice; mercy; honour; dignity; respect for the dignity of another person, equality, responsibility, etc. The types of student self-government are designated: student council; student union; student club for social design; student parliamentary club, etc. The educational possibilities of student public associations of the branch (civil-patriotic; sports and recreation; research; cultural and leisure; professionally oriented orientation) are considered. The goals, objectives and activities of student public associations Student patriot citizen, Ministry of Sports, Branch of Culture and Creativity are also considered. The author indicates the values to which students who take part in the activities of student public associations are attached. The conclusion is made about the effectiveness of student self-government and student public associations as forms of educational process organization in the branch for the improvement of such qualitative indicators of students education as partnership, mutual responsibility, moral interaction, social guidelines in project work, mobilization for important tasks solving.
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Laputko, Anna. "THE CONCEPT OF HUMAN DIGNITY AS A BASIS FOR COOPERATION OF THE CATHOLIC CHURCH WITH STATE AND PUBLIC ORGANIZATIONS." Skhid 1, no. 1 (March 5, 2021): 67–72. http://dx.doi.org/10.21847/1728-9343.2021.1(1).225562.

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The article investigates the understanding of the concept of human dignity in the Catholic social doctrine and secular legal declarations aimed at the protection of personality rights. It is shown that notwithstanding the essential basic prerequisites, the concept of human dignity is foundational for the solution of new social problems. Consequently, human dignity is a basis for a fruitful dialog between the Catholic Church and world in order to create the society of peace, respect and well-being. It is proved that the turn to the systematic use of human right language and the strategies of the protection of human dignity occurred during the Second Vatican Council. This process is a part of the anthropological turn of the Christian religion within the global transformations of religious worldview in the age of late modern and postmodernism. Refreshment of the social teaching of Catholicism occurs within the last encyclical “Fratelli tutti” by the Pope Francis. The principle of the absolute value of human dignity becomes primary for the social teaching of the “Fratelli tutti” encyclical by the Pope Francis. This principle is fully substantiated. The Pope recognize that the absoluteness of human dignity is not obvious for the contemporary social discourse, the personality is more and more reduced to the individual who can be manipulated destroying the natural context of life which for the individual have always been communities. The Pope provides arguments about the dignity of the individual, which are revealed through faith, love, reflection and social dialogue.
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Herrmann, Janne Rothmar. "Use of the Dead Body in Healthcare and Medical Training: Mapping and Balancing the Legal Rights and Values." European Journal of Health Law 18, no. 3 (2011): 277–91. http://dx.doi.org/10.1163/157180911x574137.

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AbstractBy exploring the central legal principles and issues regarding usage of the dead body in healthcare and especially in medical training, this article aims at drawing some general conclusions on the legal status of the dead body and the protection of the deceased’s integrity, dignity and autonomy. The article demonstrates that the use of the cadaveric body for scientific and educational purposes involves a redrawing of the traditional boundaries between the decent and the indecent, making these acts acceptable that would otherwise be regarded as assaults on the sanctity of bodily boundaries. This is made possible by the fact that the underlying principle of dignity is not perceived to be of an absolute nature when applicable to deceased persons.
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Benvenisti, Eyal. "Human Dignity in Combat: The Duty to Spare Enemy Civilians." Israel Law Review 39, no. 2 (2006): 81–109. http://dx.doi.org/10.1017/s0021223700013029.

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An army attacks a neighborhood where the enemy is hiding among civilians. To what extent is the army required to expose its combatants to life-threatening risks in order to spare enemy civilians? This Article seeks to interpret the pertinent standards and rules of international law from the perspective of the principle of human dignity. The human dignity principle informs the interpretation of the law on the conduct of hostilities and provides a built-in mechanism for improving armies' treatment of enemy civilians. It inspires additional remedial and institutional norms that could overcome armies' distrust of each other during the height of battle. The principle of human dignity recognizes a general duty to strive to reduce harm to enemy civilians as well as specific rules against using them as human shields, hostages, or objects for retaliation. This Article concludes that in general there is no requirement to risk combatants to reduce the risk to enemy civilians, although a number of the specific rules do entail the assumption of such risks.
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Staffen, Marcio Ricardo, and Mher Arshakyan. "About the principle of dignity: philosophical foundations and legal aspects." Seqüência: Estudos Jurídicos e Políticos 38, no. 75 (May 24, 2017): 43. http://dx.doi.org/10.5007/2177-7055.2017v38n75p43.

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http://dx.doi.org/10.5007/2177-7055.2017v38n75p43O presente artigo científico, partindo de método dedutivo, pretende analisar os mecanismos de coabitação dos fundamentos filosóficos do princípio da dignidade humana pela prática jurídica, tanto em documentos legislativos quanto em decisões judiciais. Diante dos aspectos metafísicos que guarda em seu bojo, o princípio da dignidade humana abre espaços para críticas sobre a consistência e a coerência do referido princípio no plano legislativo e, notadamente, nos cenários jurisdicionais. Por fim, conclui-se que, enquanto a reputação baseada na dignidade for uma virtude universal, seu conteúdo depende largamente de valores sociais, religiosos e tradicionais de certas comunidades.
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Forejtová, Monika. "Human Dignity in the European Perspective and the Proportionality Principle." Athenaeum Polskie Studia Politologiczne 52, no. 4 (December 31, 2016): 192–208. http://dx.doi.org/10.15804/athena.2016.52.11.

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Haqyar, Abdullah. "The Phenomenon of Human Rights from the Perspective of Islam and the West." Volume-2: Issue-3 (August, 2019) 2, no. 3 (March 31, 2020): 1–7. http://dx.doi.org/10.36099/ajahss.2.3.1.

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The phenomenon of human rights, in its contemporary sense, is not even ancient in Western thought, and it came from the context of a social and political movement in France, and the most important of the fundamental rights that collected under this title is the right to life, the right to liberty, the right to equality, the right to asylum, the right to freedom of expression, the right to freedom of opinion and religion, women's rights, the right to participate in social and political life, and the right to personal property. It is an established principle that the first condition for the exercise of these rights is their incompatibility with the rights of other human beings and their human rights. The philosophical basis of human rights in the West consists of three important principles: the principle of human dignity, equality and justice. But the difference between human rights in the West and Islam is that "God" is at the center of the Islamic worldview, while in the Western world the "man" is the central one, and man is the measure of all rights. A clearer interpretation of the two types of "God-centered" or "human-centered" ideas in the West is the predominance of human-centeredness and in Islam the predominance of God-centeredness. The philosophical foundations of human rights in Islam are the principle of human dignity, the principle of God-seeking, the principle of human immortality, and the principle of its developmental relation to the set of being.
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Riordan, V. "Best interests and the raison d’être of health care." Irish Journal of Psychological Medicine 34, no. 4 (September 3, 2015): 271–73. http://dx.doi.org/10.1017/ipm.2015.39.

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The report of the expert group on the review of the Mental Health Act has recommended that the requirement to consider the best interests of the person be replaced by a list of guiding principles, which focus on the autonomy of the individual. The implied rationale for this is that acting in our patients’ best interests may be a violation of their human rights. Dignity is being proposed as an alternative way of capturing ‘the positive aspects associated with best interests’, but it is not clear how dignity is preferable to best interests. Both approaches may help protect the most vulnerable from exploitation. However, unlike best interests, dignity can be used as a synonym for autonomy. Valuing autonomy as a means to an end (instrumental value) should be distinguished from valuing autonomy as an end in itself (intrinsic value). As the ultimate end of instrumental autonomy is invariably the person’s best interests, abandoning that principle renders instrumental autonomy obsolete, leaving intrinsic autonomy as the supreme value. As best interest, dignity and autonomy rarely conflict, the proposed changes may appear minor, but they are not. When such values do conflict, acting against our patients’ interests may become inevitable.
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Rolf, Sibylle. "Respekt vor Patientenautonomie und Achtung der Menschenwürde." Zeitschrift für Evangelische Ethik 52, no. 3 (August 1, 2008): 200–211. http://dx.doi.org/10.14315/zee-2008-0306.

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Abstract The study investigates the »Four Principles of Biomedical Ethics« published by Tom Beauchamp and James Childress (1979, 52001) with a particular concern for the principle of respect for autonomy. The leading question is in which philosophical background autonomy is dealt with by Beauchamp/Childress and by the enlightenment philosopher Immanuel Kant, while the more emipirical theoretical framework of Beauchamp/Childress and the rationalistic framework of Kant are being analyzed. After having considered the foundation of autonomy both in Beauchamp/Childress and Kant, the study turns to the relationship of autonomy and human dignity by exploring the implicit extension of autonomy, human dignity and being human, and asks which consequences have to be drawn from a theological point of view.
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Titova, E. V., and A. G. Kuzmin. "CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR." Issues of Law 20, no. 4 (2020): 21–27. http://dx.doi.org/10.14529/pro-prava200403.

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The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power
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Möllers, Christoph. "Democracy and Human Dignity: Limits of a Moralized Conception of Rights in German Constitutional Law." Israel Law Review 42, no. 2 (2009): 416–39. http://dx.doi.org/10.1017/s0021223700000625.

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The Parliamentary Council, the constitutional assembly for the German Basic Law, split over the question whether the guarantee of human dignity should be understood as the result of a democratic decision or as the incorporation of a pre-existing universal principle of Christian origin. The subsequent constitutional practice was dominated by a moral understanding of the norm that stressed the contradiction between democracy and human dignity. This Article rejects this interpretation and attempts to show, using the exemplary German case, that a democracy-oriented interpretation of human dignity is not necessarily less effective than a moralized understanding.
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Virbalienė, Akvilė. "Social Worker’s Help in Restoring Human Dignity." Applied Research In Health And Social Sciences: Interface And Interaction 12, no. 1 (December 1, 2015): 33–45. http://dx.doi.org/10.1515/arhss-2015-0005.

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Abstract In this article are presented situations in which the feeling of dignity of a person is lost or decreases and cannot be restored without professional intervention. This loss is one of the reasons of social exclusion in communities. A person with social issues has no abilities to emphasize her/his own uniqueness and authenticity, s/he stops to progress physically, intellectually and spiritually. In this way these persons enter the field of social worker’s help. In this field of help, one of the main factors in the restoration of human dignity is the social worker her/himself: her/his personality can have a huge influence on his client. The main research question in this study is the following: How should a social worker construct the helping process to help the client to restore her/his human dignity? Research object was the social worker’s help in the process of the restoration of human dignity. Research aim was to reveal the elements of the social worker’s support process that help to restore human dignity. Analysis of the reseach-based conceptual literature was the core method to explore and reveal the answers to research questions. The findings of the analysis highlighted that in situations, when people loose their feeling of dignity within social exclusion then they experience the self-deprecating. In the process of social help a main role is played by social worker’s professional communication with the client: the social worker stimulates the maintenance and restoration of client’s dignity by applying the principle of acting together. This principle is based on moral values, reciprocal responsibility, mutual respect, sincerity, confidentiality and empathy. These components create a trustful environment where, by sustaining client’s free choice and a right of decision, the possibility to achieve client’s openness emerges.
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Hennette-Vauchez, Stéphanie. "When Ambivalent Principles Prevail: Leads for Explaining Western Legal Orders' Infatuation with the Human Dignity Principle." Legal Ethics 10, no. 2 (January 2007): 193–208. http://dx.doi.org/10.1080/1460728x.2007.11423892.

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35

Vakil, Anna C. "Natural Stirrings at the Grassroots: Development, Doctrine, and the Dignity Principle." Journal of Baha’i Studies 11, no. 1-2 (2001): 23–76. http://dx.doi.org/10.31581/jbs-11.1-2.2(2001).

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36

Nemțoi, Gabriela. "Human Dignity and Its Premises in the Pandemic Crisis." European Journal of Law and Public Administration 8, no. 2 (December 20, 2021): 01–14. http://dx.doi.org/10.18662/eljpa/8.2/155.

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Human dignity is a component that is part of the quality of existing as a human being even if the latter is the product of creationism or evolutionism. In its content, dignity is the carrier of complex scientific valences, combining the philosophical-religious paradigm with the legal one. In this context, the literature presents human dignity as an aspect traditionally associated with the division of public law, which evokes a super-positive reality, synthesizing elements of religion, ethics and morals located in a position superior to positive law, orienting the latter. The modern meaning given to human dignity oscillates between the illustrative character and the prescriptive character being constituted, in a complex sense, by the fusion between the moral content and the coercive right (Habermas, 2010, pp. 464-480) and, from another perspective, a stable notion that presupposes an objective moral principle that makes possible the legal recognition of human rights. The inability to include human dignity as a right in a unitary conceptualization leads, first of all, to the vast philosophical hermeneutics that is implicit in the discourse on dignity.
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Iliukhina, Vera. "Principles of Russian civil procedure law: positivist approach." Current Issues of the State and Law, no. 16 (2020): 515–22. http://dx.doi.org/10.20310/2587-9340-2020-4-16-515-522.

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Based on the positivist approach to consciousness the law principle, the classification of the principles of Russian civil procedure law is clarified. The principles of civil procedural law of the Russian Federation are understood as the basic provisions of the civil procedural law branch, enshrined in the Constitution of the Russian Federation and (or) the Civil Procedure Code of the Russian Federation. Depending on the source of consolidation, there are three types of normative principles of civil procedure law: 1) constitutional principles of civil procedure law, duplicated in the Civil Procedure Code of the Russian Federation; 2) constitutional principles of civil procedure law that are not duplicated in the Civil Procedure Code of the Russian Federation; 3) branch principles of civil procedure law, reflected in the Civil Procedure Code of the Russian Federation. The first group includes 12 prin-ciples, the second – 7 principles, and the third – 2 principles. In contrast to the previously proposed approach to the principles of civil procedure law in our classification, the number of principles included in the first and second groups is expanded. In particular, the first group includes the principle of le-gality, the principle of guaranteed protection of human and civil rights and freedoms, the principle of respect for the individual's honor and dignity, the principle of the individual's freedom and inviolability, the principle of secrecy of correspondence, telephone and other conversations, postal, telegraphic and other messages, the principle of home inviolability, the principle of freedom from the obligation to testify, and the principle of administering justice only by the court. We put forward the position that some of the nor-mative provisions of the Code of Civil Procedure are not the initial, funda-mental ideas of civil procedure law.
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Kelly, Brendan D. "Dignity, human rights and the limits of mental health legislation." Irish Journal of Psychological Medicine 31, no. 2 (June 2014): 75–81. http://dx.doi.org/10.1017/ipm.2014.22.

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A right is an entitlement that one may legally or morally claim. Human rights are of particular importance in mental health care owing to the existence of laws that permit involuntary admission and treatment under certain circumstances, and compelling evidence of persistent social exclusion of some individuals with mental disorder. Ireland’s mental health legislation, which is currently under review, meets most international human rights standards in areas of traditional concern (involuntary admission and treatment) but not in other areas (especially social and economic rights). These deficits would be addressed, at least in part, by replacing the principle of ‘best interests’ with the principle of ‘dignity’ as the over-arching principle in Irish mental health legislation. Such a change would help ensure that decisions made under the legislation actively facilitate individuals with mental disorder to exercise their capabilities, help promote human rights and protect dignity. Even following such a reform, however, it is neither practical nor realistic to expect mental health legislation alone to protect and promote all of the broader rights of individuals with mental disorder, especially social and economic rights. Some rights are better protected, and some needs better met, through social policy, mental health policy and broader societal awareness and reform.
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Weigend, Thomas, and Khalid Ghanayim. "Human Dignity in Criminal Procedure: A Comparative Overview of Israeli and German Law." Israel Law Review 44, no. 1-2 (2011): 199–228. http://dx.doi.org/10.1017/s0021223700001023.

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German constitutional law proclaims to grant human dignity “absolute” protection, whereas Israeli law permits a weighing of human dignity against other important interests. In spite of this difference in principle, German and Israeli law arrive at remarkably similar results with respect to the regulation of “dignity-sensitive” areas of criminal procedure, such as the privilege against self-incrimination, the search of the body and the home of suspects, and secret surveillance of private communications. With regard to privileged conversations, Israeli law provides for even stronger safeguards against state intrusion than German law. The protection against forced self-incrimination, by contrast, goes further under German law. In order to optimize the protection of human dignity in the criminal process, the authors suggest a strict distinction between measures designed to investigate past offenses and those aimed at preventing crime.
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Nikolic, Olga, and Igor Cvejic. "Social justice and the formal principle of freedom." Filozofija i drustvo 28, no. 2 (2017): 270–84. http://dx.doi.org/10.2298/fid1702270n.

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The aim of this paper is to show, contra the right-libertarian critique of social justice, that there are good reasons for defending policies of social justice within a free society. In the first part of the paper, we will present two influential right-libertarian critiques of social justice, found in Friedrich Hayek?s Law, Legislation and Liberty and Robert Nozick?s Anarchy, State and Utopia. Based on their approach, policies of social justice are seen as an unjustified infringement on freedoms of individual members of a society. In response to this critique, we will introduce the distincion between formal and factual freedom and argue that the formal principle of freedom defended by Hayek and Nozick does not suffice for the protection of factual freedom of members of a society, because it does not recognize (1) the moral obligation to help those who, without their fault, lack factual freedom to a significant degree, and (2) the legal obligation of the state to protect civic dignity of all members of a society. In the second part of the paper, we offer an interpretation of Kant?s argument on taxation, according to which civic dignity presupposes factual freedom, in order to argue that Kant?s justification of taxation offers good reasons for claiming that the state has the legal obligation to protect factual freedom via the policies of social justice.
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41

Addis, Adeno. "Dignity, Integrity, and the Concept of a Person." ICL Journal 13, no. 4 (March 26, 2020): 323–72. http://dx.doi.org/10.1515/icl-2019-0015.

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AbstractThe idea of human dignity, found in almost all legal and political cultures, now plays a very significant role in political and legal discourse. The concept occupies a prominent place in many national constitutions and international human rights conventions. Some constitutional and conventional laws in fact claim that the pursuit of dignity is (or should be) the central organizing principle of every government. Yet, it is not always clear what this seemingly central concept means or entails. Its popularity seems inversely related to its clarity. Dignity is often invoked in support of opposing positions on the same issue. Using an approach that the article refers to as dignity pragmatism, the author advances the argument that careful examination of the use of dignity in national constitutions and international human rights documents and their elaboration by the relevant tribunals shows that the idea of human dignity is often used in the context of defending the integrity of the person. Here integrity is defined as the condition of wholeness or completeness. The article details what the conditions for integrity are and how human dignity is invoked in its defense. On this account, dignity is an existential value. It is about personhood in its various dimensions – physical, psychological and social. When integrity as wholeness is threatened, existence itself is threatened. Viewed this way, indignity is the effacement of personhood.
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42

Shames, Alison, and Ram Subramanian. "Doing the Right Thing." Federal Sentencing Reporter 27, no. 1 (October 1, 2014): 9–18. http://dx.doi.org/10.1525/fsr.2014.27.1.9.

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Human dignity plays a central and constitutive role within the German and Dutch criminal justice systems. It influences not only the overall approach to, and accepted purpose of, punishment, but also the types of sanctions that are typically doled out, the setup of their prisons, and the conditions in which prisoners find themselves once in custody. Although human dignity is not the paramount value in the American criminal justice system, this article contends that recent criminal justice reform efforts implicate human dignity into system practices to a greater degree than ever before. While the reform efforts are prompted by a concern for efficiency and efficacy, policymakers are increasingly relying on research that indicates that more humane and individualized treatment of offenders is a key component to achieving desired public safety outcomes. The article starts with a brief discussion of how human dignity became a central value of the European system and contrasts this with the historically weaker sway human dignity has played in the American system. It then demonstrates that the principle of human dignity is gaining influence through recent legislative reform efforts in the United States as well as changes in correctional training and supervision practices.
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43

Prathomwong, Piyanat, and Pagorn Singsuriya. "Ethical Framework of Digital Technology, Artificial Intelligence, and Health Equity." Asia Social Issues 15, no. 5 (June 6, 2022): 252136. http://dx.doi.org/10.48048/asi.2022.252136.

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Healthcare is evident in the extensive use of digital technology and artificial intelligence (AI). Although one aim of technological development and application is to promote health equity, it can at the same time increase health disparities. An ethical framework is needed to analyze issues arising in the effort to promote health equity through digital technology and AI. Based on an analysis of ethical principles for the promotion of health equity, this research article aims to synthesize an ethical framework for analyzing issues related to the promotion of health equity through digital technology and AI. Results of the study showed a synthesized framework that comprises two main groups of ethical principles: general principles and principles of management. The latter is meant to serve the implementation of the former. The general principles comprise four core principles: Human Dignity, Justice, Non-maleficence, and Beneficence, covering major principles and minor principles. For example, the core principle of Human Dignity includes three major principles (Non-humanization, Privacy, and Autonomy), and two minor principles (Explicability and Transparency). Other core principles have their relevant major and minor principles. The principles of management can be categorized according to their goals to serve different core principles. An illustration of applying the ethical framework is offered through the analysis and categorization of issues solicited from experts in multidisciplinary workshops on digital technology, AI, and health equity.
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44

Neal, Mary. "Respect for human dignity as ‘substantive basic norm’." International Journal of Law in Context 10, no. 1 (January 31, 2014): 26–46. http://dx.doi.org/10.1017/s1744552313000359.

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AbstractThe idea of ‘human dignity’ is, notoriously, as ambiguous as it is compelling. Notwithstanding the absence of any clear or settled definition of human dignity, either in the abstract or in terms of what it means in practice, it is an idea which takes pride of place in international legal documents, in judicial reasoning, and in scholarship across a range of disciplines, where it seems, particularly in recent years, to have become the focus for an explosion of academic interest and an accompanying proliferation of literature. Much of the existing literature attempts to uncover the meaning, or multiple meanings, of ‘human dignity’, focusing on the uncertainty surrounding the substance or content of the idea and trying to compose a catalogue of use-types. In this paper, my primary aim will be to address another type of uncertainty, namely uncertainty about the role, function or status within legal frameworks of the ‘dignity norm’ – the norm requiring respect for human dignity. I want to explore several possibilities: first, that the dignity norm is simply a proxy for respect for autonomy; second, that it is a right in the sense that we can speak of a specific ‘right to have dignity respected’; and third, that it is a legal principle. Having problematised each of these in turn, I will contend that the function of the dignity norm is best captured by describing it as the ‘substantive basic norm’ of the legal systems wherein it appears.
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Koch, Traugott. "Menschenwürde als das Menschenrecht - Zur Grundlegung eines theologischen Begriffs des Rechts." Zeitschrift für Evangelische Ethik 35, no. 1 (February 1, 1991): 96–112. http://dx.doi.org/10.14315/zee-1991-0115.

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Abstract On the basic of a critique of the conventional theological ethic it is shown that the unconditional dignity of every human being, independent of status, thought and religion is grounded theologically in the freedom offaith. Human dignity, however, is wholly inconceivable ifit does not include the right oflife and human rights for every human being also. From this principle a theological term of modern )formal< law is developed and a critical comment is given on the current debate on the various charters of human rights
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46

Pridvorov, Nikolay, and Vasily Trofimov. "Human dignity right in the system of personal (civil) human rights (the problem of applying an interdisciplinary approach to research)." Current Issues of the State and Law, no. 13 (2020): 9–20. http://dx.doi.org/10.20310/2587-9340-2020-4-13-9-20.

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We consider the problem of human dignity right as one of the key elements of the system of personal (civil) rights and freedoms of man and citizen. We state the constitutive importance of the right to human dignity in the structure of the legal status of an individual. We demonstrate the interdisciplinary nature of the institution of human dignity. We give examples of legislative protection of the right to dignity of an individual from a number of branches of Russian and foreign law. We reveal the incompleteness of both the doctrinal understanding and the legislative regulation of personal rights, including the right to the dignity of the person, which, as a general principle, figure only as objects of protection from state and legal means (mechanisms). In addition, these rights have their potential for the full realization of the personality in the process of social and legal life, and therefore it is necessary to create wider regulatory opportunities for this legal institution. The achievement of the goals of a correct understanding and regulation of the right to human dignity (as well as other personal rights) will be facilitated by the use of an interdisciplinary scientific approach in the process of scientific and practical research of this subject. We offer arguments that indicate the relevance of an interdisciplinary study of the right to human dignity.
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47

Fasoro, Sunday Adeniyi. "Kant on Human Dignity: Autonomy, Humanity, and Human Rights." Kantian journal 38, no. 1 (2019): 81–98. http://dx.doi.org/10.5922/0207-6918-2019-1-4.

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This paper explores the new frontier within Kantian scholarship which suggests that Kant places so much special importance on the value of rational nature that the supreme principle of morality and the concept of human dignity are both grounded on it. Advocates of this reading argue that the notion of autonomy and dignity should now be considered as the central claim of Kant’s ethics, rather than the universalisation of maxims. Kant’s ethics are termed as repugnant for they place a high demand on the universalisation of maxims as a universal moral principle. As a result, they argue that there is an urgent need to rescue Kant’s ethics from the controversies surrounding maxims and universalisability, and the best way to rescue his ethics is by “leaving deontology behind”. It must be left behind because the categorical imperative is not needed in order to rescue Kant’s ethics, as deontology is often overrated. Consequently, the highest duties of the human being are to ensure that his fellow human beings enjoy unhindered autonomy and receive the honour that their dignity duly deserves, as well as to look after their welfare and treat them with respect, regardless of their dispositions. I review recent literature to appraise this new frontier within Kantian scholarship. I also explore the works of philosophers, such as Herman, Korsgaard, Wood, Höffe, and, specifically, Hill, on Kant’s conception of human dignity in relation to its conception as autonomy, humanity, and the source of human rights.
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48

Cumbers, Andrew, and Robert McMaster. "Socialism, knowledge, the instrumental valuation principle and the enhancement of individual dignity." Economy and Society 39, no. 2 (May 2010): 247–70. http://dx.doi.org/10.1080/03085141003620162.

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Wojtyła, Wojciech. "Personalist Foundations of the Constitutional Principle of the Dignity of Human Person." Logos i Ethos 58, no. 2 (December 16, 2021): 35. http://dx.doi.org/10.15633/lie.4168.

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50

Greco, Rogério, and Romulo Rhemo Palitot Braga. "From criminal principiology to the right to intimacy as a constitutional guarantee." Direito e Desenvolvimento 12, no. 1 (July 29, 2021): 252–65. http://dx.doi.org/10.26843/direitoedesenvolvimento.v12i1.1433.

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The current text presents an initial reflection on the importance of the Penal Law and its principles, expressed or implicit in a positivistic perspective. They should be understood as informants of all the juridical order with the capacity to ascertain the validity under constitutional class rules, occupying, in this way, a hierarchically superior place. It will also be considered, the bond between Penal Law and the recognition of the principle of the dignity of the human person, especially regarding the right to intimacy. The technique used to the bibliography
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