Human Dignity in the European Perspective and the Proportionality Principle
- Institution: University of West Bohemia
- Year of publication: 2016
- Source: Show
- Pages: 192–208
- DOI Address: https://doi.org/10.15804/athena.2016.52.11
- 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.