The Juridical Status of Human Dignity: An Investigation

Abstract

Dignity is a conscientiously complicated concept, an abstract idea enormously debated for its juristic root, legal basis and judicial insinuation. Literatures on the juridical status of dignity are insufficient. There is a huge knowledge gap in determining the applicability of dignity concept in formulating and interpreting judgements. This paper endeavours to fill up that void and attempts to intersect the legal status of "Dignity" as a justified defence and not just a mere credible legal doctrine. To investigate the applicability of Human dignity as a legal formula, we have taken three distinct indicators of juristic assessment- International conventions and statutes, judgements and offences that breed dignity violation. We have set the first layer of argument by explaining the preambles and provisions of international legal instruments which proclaims dignity as a celebrated legal dogma. The discussion of the second part presents a detailed analysis of judgment of international and national courts and tribunals. Lastly, we have portrayed a thematic analysis of offences that are directly linked with human rights violations causing serious attack on individual dignity. We have argued that the concept of dignity possesses fundamental jural status in the legal architype and judicial interpretational grandstanding. Judges not only consider "Human Dignity" as a core legal tenet of formulating the reasoning of their judgement in cases on human rights violations but also emphatically applied dignity jurisprudence as a juridical device and legal parameter of human rights protection. Judges in both offences and civil rights violations consider dignity as an important ingredient of awarding remedy, ensuring victim participation and protection of human rights. This article is a significant contribution in the academic field by addressing the application of dignity jurisprudence in adjudication and also a key factor for judges to determine the basis of gravity of offence, awarding punishment and judicial interpretation.