ЉУДСКО ДОСТОЈАНСТВО: УСТАВНО ПРАВО, АПСОЛУТНИ ИДЕАЛ ИЛИ ОСПОРАВАНА ВРЕДНОСТ?
HUMAN DIGNITY: CONSTITUTIONAL RIGHT, ABSOLUTE IDEAL, OR CONTESTED VALUE?

Summary/Abstract: This paper explores the idea of human dignity as a prime constitutional value, discussing in particular the case of post-Apartheid South Africa. The author shows that the Constitutional Court in this country, has invoked dignity as a justifiable right, and it has placed dignity at the center of its constitutional jurisprudence. However, the Court was criticized not for placing dignity above other values, such as democracy and equality, but for claiming that dignity is so open-ended that it could be invoked to justify almost any outcome. In that respect, the author explores five paradoxes which lie at the heart of human dignity. First, human rights demand the absolute commitment to the sphere of personal inviolability, but human dignity is a pervasive value which underlies a variety of rights and cannot escape being subject to balancing. Second, human dignity is inherent to all human beings and transcends cultural differences and national boundaries, but its protection and exact meaning depends on its concretization in a particular legal order. Third, human dignity is inherent to every human being, but it depends on material conditions and social standing of every person. Fourth, dignity demands respect for the cultural and symbolic processes through which every individual becomes person and makes sense of his/her world.

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