This paper examines the character of human dignity. It is a controversial topic whether human dignity presents a superior fundamental principle or an enforceable human right. In a first step it shall be tried to investigate, what human dignity is in general. Then we want to present the principle of human dignity in different states of Europe, exemplary Germany, Austria and to come finally to a conclusion.
Contents
A. Abstract
B. Basic of human dignity
I Arguments for human dignity as an enforceable right
II. Fundamental principle
III. Human Dignity in Austria
1. Jurisdiction
2. Controversial discussion in Austria
3. Main Doctrine
4. Preamble of ECHR as human dignity
IV. Human dignity as basic norm of constitutional state
1. Human dignity in PersFrG
2. Forbid of humiliation
3. No codification in Austrian Constitution
4. Human dignity as subjective legal guarantee
5. Hijacked plane
6. Rights of § 16 ABGB
7. § 96 Abs 1 Zf. 3 ArbVG
8. § 5a KAKuG
V. Human dignity as normative idea
VI. Human dignity in prenatal status
VII. Practical cases of human dignity
1. Case Magnus Gaffgen/Wolfgang Daschner/Jacob von Metzler
2. Case of hijacked planes
3. Shoot to kill
C. Conclusion
- Quote paper
- Fabian Schuster (Author), 2020, Human Dignity. A superior Principle or an enforceable human right?, Munich, GRIN Verlag, https://www.grin.com/document/1352715
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