THE ROLE OF HUMAN DIGNITY IN THE SWISS LEGAL SYSTEM. Arguing for a dualistic notion of human dignity

Abstract

The particular history and codification of human dignity in the Swiss
Constitution provide grounds for distinguishing two fundamentally different
interpretations and functions of human dignity: on the one hand, human dignity
as an inviolable fundamental right, on the other hand, as an objective
constitutional principle. As a fundamental right, human dignity protects the need
of the individual to be recognised in his own, subjective value. This need is so
fundamental for human well-being that it merits absolute protection. From this
there follows an absolute prohibition of human humiliation by means of torture,
discrimination, slavery or in other ways. In contrast, as a constitutional principle