2016
Carmen Gina ACHIMESCU, The Interpretative Value of Human Dignity in the European Court of Human Rights Case-law
Abstract:
In the European Convention on Human Rights’ (ECHR) system, human dignity is not
a legally enforceable right. Such right does not figure of itself and, even if
it was explicitly mentioned, it couldn’t exist independently of the enforceable
rights guaranteed by the Convention (like the interdiction of discrimination
provided in Article 14 EHRC). Though the human dignity is not explicitly
guaranteed by the ECHR, this concept has an undeniable interpretative value. As
an interpretation principle, human dignity has been invoked in order to
substantiate individual rights, but also in order to limit individual’s
liberties in the name of some values generally accepted by the society.
Therefore, the human dignity is a concept which can play a double role –
assertive and limitative. With such a wide meaning, this notion is partially
suitable for an unique European consensual interpretation and partially
convenient for specific national interpretations.
Key-words:
European Convention on Human Rights, humanity, dignity, consensual
interpretation, national differences.
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