THE ROLE OF HUMAN DIGNITY IN THE SWISS LEGAL SYSTEM. Arguing for a dualistic notion of human dignity
DOI:
https://doi.org/10.54695/jib.21.04.3359Keywords:
Dignity, Switzerland, LegislationAbstract
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