proportionality principle

  • Human Dignity in the European Perspective and the Proportionality Principle

    Author: Monika Forejtová
    Institution: University of West Bohemia
    Year of publication: 2016
    Source: Show
    Pages: 192–208
    DOI Address:
    PDF: apsp/52/apsp5211.pdf

    The fundamental human right to dignity is the cornerstone of European legal culture. The right has been provided for in international, European, and national legal instruments. Its role as a benchmark reference for all other human rights has developed into a self-standing and self-executing right, especially under the new EU Charter of Fundamental Rights. This evolution from the traditional role of the right to dignity is analysed in case study based on a real case before the Constitutional Court of the Czech Republic in 2015. The analysis brings forward a reflection about the need to respect the concept of dignity and how it actually is observed in the European context.

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