Human Dignity as a Theoretical Foundation of Human Rights

Human Dignity as a (Theoretical) Foundation of Human Rights

Introduction

German philosopher Immanuel Kant states that “every human being has a legitimate claim to respect from his fellow human beings and is in turn bound to respect every other (human being); Humanity itself is a dignity.” As such, human dignity can be seen as the fundamental human right of being worthy of respect from the very fact of being born a person and of human nature, it is to be respected and protected even when the right is restricted, such as in the example of prisoners.

Scholar Jack Donnelly wrote in relation to Kant’s vision, stating that “Man (who is) regarded as a person, is exalted above any prices and he is not to be valued merely as a means; he possesses dignity (absolute inner worth) by which he exacts respect for himself from all other rational beings in the world.” Implying that a person’s dignity is his own right of which to be respected, and it is a right above all rights, but equal to the dignity of others, not one person’s dignity is to be valued greater than another person’s dignity.

Human Dignity as a (Theoretical) Foundation of Human Rights: Natural Rights

Moral and legal philosopher John Tasioulas wrote that: “The possession of this status (human dignity) is contingent on the possession of a human nature.” As such, human dignity may serve as a theoretical foundation for natural rights in the aspect that since human dignity is the right to be respected as a human and the right to give respect to other humans, and in relation to natural rights, which are universal and unchangeable, it is given to humans for the mere fact of being born a human, by virtue of natural law. As being born a human, we benefit from natural law and as such gain human dignity and it is a right gained without any prior conditions, be it from the government or any other human. We are entitled to the right of human dignity and it is to be respected by all laws and customs and it is unable to be repealed or restrained by any human laws.

Human Dignity as a (Theoretical) Foundation of Human Rights: Universality

Human dignity serves as a foundation for the universality of human rights to the extent that human dignity is the right to respect and the right to be respected, it goes hand in hand with how universal human rights are. Philosopher John Tasioulas also wrote that: “The value of human dignity is therefore equally shared by human beings despite other ethically salient differences among them, such as those that bear on matters of personal desert or virtue.” Hence, human rights exist outside of all practices, countries, cultures, laws and morality, and where human dignity is considered, it is the right to respect all humans regardless of circumstance and origin. As such it is the foundation for universality, humans have the right to be respected and to respect all others without discrimination, this is to be followed even when there is restriction on someone’s right, such as a prisoner who has committed heinous crimes, he is still entitled to his human dignity even if he is a convict.

Human Dignity as a (Theoretical) Foundation of Human Rights: Equality

Human Dignity can be seen as a foundation for equality as scholar Jack Donnelly wrote: “Human rights are equal rights: either one is or is not a human being, therefore has the same human rights as everyone else (or none at all)” this goes in conjunction with what German philosopher Immanuel Kant wrote: “Humanity itself is a dignity”. Hence, human dignity is a foundation for equality in the aspect that all humans are born equal, either he is born a human or not born a human, and as such, either gains human dignity (by the right of natural law) or is not a human and does not have the right to human dignity. In addition, with relation to the special characteristic of human rights, equality, it signifies that we are to respect other humans as an equal, nothing more and nothing less, regardless of his or her origin or destination. Such as is where John Tasioulas wrote: “The same applies to someone who has neglected the development of their capabilities or committed wrongs against others. What matters, so far as human dignity is concerned, is that they all equally belong to a species that has certain characteristic features and capacities.”

Human Dignity as a (Theoretical) Foundation of Human Rights: Inalienability

Human Dignity, with regards to human rights, are also inalienable. Human dignity is a right that is inherent to all humans for the mere fact that they are born a human. In relation, scholar Jack Donnelly wrote: “Human rights also are inalienable rights: one cannot stop being human, no matter how badly one behaves or how barbarously one is treated.” Hence to be a human, no matter how badly one behaves or is treated, he remains a human being and it is impossible for someone to take away his human dignity and he are entitled its right of human dignity.

Human Dignity as a (Theoretical) Foundation of Human Rights: Indivisibility and Interdependence

Human dignity can be seen as a foundation for human rights in regards to indivisibility as it is a right that is inherent in all human beings and it has no measure. Human dignity is the right to respect and to be respected as an equal, amongst all other humans, and as such, it holds to measurable value. Though it is one right that is above all other rights, one human’s dignity is equal to another human’s dignity and cannot be valued less or more.