Good Morning,

A sole fact that the U.S. Constitution does not refer to “dignity” in the text does not mean that it does not recognize dignity as a source of rights and freedoms.

In the text of the European Convention on Human Rights you will not find any references to dignity either.

Best regards,

kamil.

Thank you, Kamil -- True! Are you aware of a case in which a court in the U.S. recognizes a right to dignity as a subjective, enforceable, stand-alone right on its own? Thanks so much.

My pleasure James. First, I would not call it "a right" to dignity. To me, human dignity is simply an inherent and inalienable feature that every human being posses. Like the fact that there is no reference to dignity in the text of Constitution, one or another, does not mean that we - as human beings - lack dignity. What do you understand under the term "a right to dignity"?

Thanks again, Kamil -- by "right to dignity" I'm spotlighting whether and the extent to which courts in the U.S. at the federal or state levels have recognized dignity as a legal right, that is, something more than as a norm or animating feature.

I see. Your question is very interesting and we may look at it from different perspectives - philosophical, judicial (empirical), strictly legal (positivism) etc. I understand that your question is more in terms of judicial practice.

I think that in the case-law references to human dignity serve rather as a justification of specific human rights.

In general, referring to the term „right” in your question, I think that it is crucial to determine what kind of a duty (obligation) would reflect this kind of right if we assume that each right reflects an obligation on the part of authority.

I think that some research on it might be very interesting.

Good morning,

You may be aware that some Constitutions recognise a right to dignity. In South Africa this is closely aligned in the jurisprudence with the socio-economic rights. I have argued that while traditional conceptions of dignity (e.g. Kant) align dignity with autonomy, that dignity can and does have in some of the jurisprudence - both in the South Africa, and the UK - align with respecting both socio-economic and civil-political rights. I go into this in chapter 5 of my book.

I hope this is useful. Will look out for any work you do on this.

Best,

Julia

Indeed, dignity often serves as a justification of socio-economic rights.

The Law, in principale, préservés dignité whenever it is built on the basis of achieving justice and not for those who can achieve interests

Thank you to all who responded.