ON THE QUESTION OF THE NORMATIVE DEFINITION OF THE OBJECT OF THE RIGHT TO DIGNITY

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ON THE QUESTION OF THE NORMATIVE DEFINITION OF THE OBJECT OF THE RIGHT TO DIGNITY

Journal Title: Правовий часопис Донбасу - Year 2017, Vol 61, Issue 3

Abstract

Dignity is a moral property of the person which reflects her unique, unsurpassed value. Objectively, the dignity of the individual is determined by its behavior, intellectual and educational level, lifestyle, attitude to the environment and other factors. Each person as an individual is Saint, she had certain moral and intellectual traits that it tends to be perceived as positive and important for the society, which means her self-esteem. On the intrinsic value of man and his dignity must take into account the environment. The humiliation of the face is the attribution of human unworthy acts, humiliating feature of his mental and other personal qualities, of committing against her humiliating actions, placing her in an unfavorable light before the environment etc. The idea of the equal dignity of all people is the ideological source of their equality, a barrier to the establishment of unjustified privileges or restrictions. Therefore, the state should create appropriate conditions and means of compliance with the principles and rules of law that ensure the realization, protection and enforcement of individual rights to respect for her dignity. The content of the right to respect for human dignity is statutory and guaranteed by the state a set of rules that give each person confidence in their social values, the opportunity to realize himself as a personality, to respect their own moral principles and ethical standards, to insist on respect for other people, state bodies and their officials and officers, and to require that any doubts about its moral and ethical principles have been properly substantiated. The current Constitution of Ukraine in article 28 enshrines the right of everyone to respect for his dignity. In our opinion, the constitutional consolidation of the right to respect for dignity is not enough to protect it. Requires addressing the normative question of determining the object of the right to dignity. As a General rule, objects of legal relations arising from the implementation of specific subjective rights are determined by civil law. The first step towards solving this problem should be a statutory definition of “dignity”, which, unfortunately, today in the Ukrainian legislation does not exist. In our opinion, it is of fundamental importance, because the terms used in the law must be interpreted, to understand clearly and adequately the value of the content of the rule in strict accordance with the intentions and will of the legislator.

Authors and Affiliations

Natalia Marushchak

Keywords

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EP ID EP282092
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