Dignity Rights

Dignity Rights
Author: Erin Daly
Publisher: University of Pennsylvania Press
Total Pages: 254
Release: 2020-10-09
Genre: Political Science
ISBN: 0812224752

Originally published in 2012, Dignity Rights is the first book to explore the constitutional law of dignity around the world. In it, Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies. This updated edition features a new preface by the author, in which she articulates how, over the past decade, dignity rights cases have evolved to incorporate the convergence of human rights and environmental rights that we have seen at the international level and in domestic constitutions.

Human Dignity and Human Rights

Human Dignity and Human Rights
Author: Pablo Gilabert
Publisher: Oxford University Press
Total Pages: 362
Release: 2018-11-08
Genre: Philosophy
ISBN: 0192562134

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.

Dignity, Rank, and Rights

Dignity, Rank, and Rights
Author: Jeremy Waldron
Publisher: Oxford University Press on Demand
Total Pages: 164
Release: 2012-11-29
Genre: Law
ISBN: 0199915431

"Delivered as a Tanner lecture on human values at the University of California, Berkeley, April 21, 2009 and April 22, 2009"--T.p. verso.

Dignity in Adversity

Dignity in Adversity
Author: Seyla Benhabib
Publisher: John Wiley & Sons
Total Pages: 306
Release: 2013-05-20
Genre: Political Science
ISBN: 0745659713

The language of human rights has become the public vocabulary of our contemporary world. Ironically, as the political influence of human rights has grown, their philosophical justification has become ever more controversial. Building on a theory of discourse ethics and communicative rationality, this book addresses the politics and philosophy of human rights against the background of the broader social transformations that are shaping the modern world. Rejecting the reduction of international human rights to the Trojan horse of a neo-liberal empire's bid for world power, as well as the conservative objections to legal cosmopolitanism as encroachments upon democratic sovereignty, Benhabib develops two key concepts to move beyond these false antitheses. International human rights norms need contextualization in specific polities through processes of what she calls 'democratic iterations.' Furthermore, such norms have a 'jurisgenerative power,' in that they enable new actors to enter fields of social and political contestation; they promote new vocabularies for public claim-making and anticipate a justice to come. Ranging over themes such as sovereignty, citizenship, genocide, European anti-semitism, the crisis of the nation-state, and the 'scarf affair' in contemporary Europe and Turkey, this major new book by one of our leading political theorists reflects upon the political transformations of our times and makes a compelling case for a cosmopolitanism without illusions.

Dignity Law

Dignity Law
Author: Erin Daly
Publisher:
Total Pages:
Release: 2020
Genre: Civil rights
ISBN: 9780837741352

Human dignity recognizes and reflects the equal worth of each and every member of the human family, regardless of gender, race, social or political status, talents, merit, or any other differentiator. But it is also right that can be claimed, an interest that can be protected, like liberty or equality or shelter or free speech. It is now recognized in more than 150 of the world's constitutions from all regions of the world. Also, increasingly, courts around the globe are recognizing the right to dignity and applying it against governments and others to ensure that the dignity of all is respected. This unique book aims to provide an introduction to dignity rights, including what they are (or are not), how they are embodied constitutionally around the globe, and how courts interpret and apply them (or don't). This book includes selected texts showing constitutionally embedded dignity rights around the globe, an overview which maps dignity law, and units on introduction to dignity law; dignity and identity; living with dignity; protecting the dignity of people with particular vulnerabilities; and participatory dignity, along with a conclusion and index.--Publisher.

Dignity Rights

Dignity Rights
Author: Erin Daly
Publisher: University of Pennsylvania Press
Total Pages: 246
Release: 2012-10-31
Genre: Political Science
ISBN: 0812207270

The right to dignity is now recognized in most of the world's constitutions, and hardly a new constitution is adopted without it. Over the last sixty years, courts in Latin America, Europe, Asia, Africa, the Middle East, and North America have developed a robust jurisprudence of dignity on subjects as diverse as health care, imprisonment, privacy, education, culture, the environment, sexuality, and death. As the range and growing number of cases about dignity attest, it is invoked and recognized by courts far more frequently than other constitutional guarantees. Dignity Rights is the first book to explore the constitutional law of dignity around the world. Erin Daly shows how dignity has come not only to define specific interests like the right to humane treatment or to earn a living wage, but also to protect the basic rights of a person to control his or her own life and to live in society with others. Daly argues that, through the right to dignity, courts are redefining what it means to be human in the modern world. As described by the courts, the scope of dignity rights marks the outer boundaries of state power, limiting state authority to meet the demands of human dignity. As a result, these cases force us to reexamine the relationship between the individual and the state and, in turn, contribute to a new and richer understanding of the role of the citizen in modern democracies.

Human Dignity and Human Rights

Human Dignity and Human Rights
Author: Pablo Gilabert
Publisher: Oxford University Press
Total Pages: 488
Release: 2018-11-15
Genre: Philosophy
ISBN: 0192562142

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is human dignity, why is it important, and what is its relationship to human rights? This book offers a sophisticated and comprehensive defence of the view that human dignity is the moral heart of human rights. First, it clarifies the network of concepts associated with dignity. Paramount within this network is a core notion of human dignity as an inherent, non-instrumental, egalitarian, and high-priority normative status of human persons. People have this status in virtue of their valuable human capacities rather than as a result of their national origin and other conventional features. Second, it shows how human dignity gives rise to an inspiring ideal of solidaristic empowerment, which calls us to support people's pursuit of a flourishing life by affirming both negative duties not to block or destroy, and positive duties to protect and facilitate, the development and exercise of the valuable capacities at the basis of their dignity. The most urgent of these duties are correlative to human rights. Third, this book illustrates how the proposed dignitarian approach allows us to articulate the content, justification, and feasible implementation of specific human rights, including contested ones, such as the rights to democratic political participation and to decent labour conditions. Finally, this book's dignitarian approach helps illuminate the arc of humanist justice, identifying both the difference and the continuity between the basic requirements of human rights and more expansive requirements of social justice such as those defended by liberal egalitarians and democratic socialists. Human dignity is indeed the moral heart of human rights. Understanding it enables us to defend human rights as the urgent ethical and political project that puts humanity first.

The Concept of Human Dignity in Human Rights Discourse

The Concept of Human Dignity in Human Rights Discourse
Author: David Kretzmer
Publisher: BRILL
Total Pages: 323
Release: 2021-08-04
Genre: Law
ISBN: 9004478191

The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.