Présentation de l'éditeur

Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries.

In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

Sommaire

• The Concept of Human Dignity in Belgian Law: A Variety of Approaches

  Schamps, Geneviève

• The Jurisprudential Reality(-ies) of the Principle of Human Dignity in France: A Prevailing or an Authoritative Principle?

  Kernaleguen, Francis

• The Principle of Dignity in Germany and Its Irradiating Effect with Regard to Biomedicine

  Furkel, Francoise

• Applying the Overarching Principle of Human Dignity in Greek Law

  Agallopoulou, Penelope

• The Concept of Human Dignity as the Foundation of Rights in the Hungarian Biomedical Law

  Sándor, Judit

• Practical Reason and Enantiosemy of Human Dignity: The Reality of the Principle in Italy

  Sotis, Carlo

• Human Dignity as a Fundamental Principle in Biomedicine: A Spanish Perspective

  San Julián Puig, Verónica

• Human Dignity: Conceptual Unity and Plurality of Content in Swiss Law

  Manaï, Dominique

• Towards a Libertarian Application of Dignity in English Law: A Case Law Analysis

  Callus, Thérèse

• The Principle of Dignity and the European Court of Human Rights

  Marguénaud, Jean-Pierre

• The Reality of the Human Dignity Principle in the Framework of the Egyptian Legal System

  Abdelhamid, Hassan

• The Principle of Human Dignity in Tunisia: Between Political Recuperation and Low Practical Recognition

  Aouij-Mrad, Amel

• Human Dignity in Brazilian Law: A Founding Principle of Laws and Court Judgements

  Crespo-Brauner, Maria-Claudia (et al.)

• Dignity in Canadian Law, a Popular but Ambiguous Notion

  Goubau, Dominique

• Putting the Principle of Human Dignity to the Test: A “Useless” Concept from an American Perspective?

  Orfali, Kristina

• Human Dignity in the Case Law of the Inter-American Court of Human Rights

  Cavalcante Lobato, Anderson Orestes (et al.)

• The Emergence of Human Dignity in China: From a Private Right to a Constitutional Principle

  Zhang, Li

• Ambivalence of the Relationships Between Dignity and Freedoms in Turkish Law

  Oktay-Özdemir, Saïbe (et al.)

• The “Reality” of the Principle of Human Dignity: A Critical Philosophical Approach

  Hottois, Gilbert

• From Dignity to Responsibility

  Breton, David

• Human Dignity: A Notion that Provides More Confusion Than Clarity

  Ogien, Ruwen

• The Case for a Limited Use of Dignity as a Legal Principle

  Feuillet-Liger, Brigitte