The Problem of Philosophical Foundations of Human Dignity in Law

Summary May human dignity be the basis of human rights? May human rights still be derived from human dignity if we also accept a non-hierarchical organization of law? Or are human rights and human dignity more of a moral character which needs to be constantly justified? Is it not a paradox that human dignity, which is the basis of human rights, may be associated not only with rights, but also simultaneously with obligations? We derive human rights from human dignity as the highest value. May we admit other values besides dignity and how shall we deal with responsibilities? Although the Kantian concept of dignity as a philosophical historical concept is inconsistent with the modern understanding of dignity in law in many respects, we would still find in Immanuel Kant a concept of dignity consisting more in duties than in rights, due to the moral nature of dignity and law according to him.