THE JURIDICAL STATUS OF HUMAN DIGNITY: AN INVESTIGATION

Dignity is a conscientiously and complicatedly abstract idea. It is an enormously debated term for its juristic root, legal basis and judicial insinuation. Literatures recognising the juridical status of dignity are insufficient and there is a huge knowledge gap in determining the applicability of dignity concept in formulating and interpretating judgements. This paper attempts to intersect the legal status of "Dignity" as a credible legal doctrine in international law. We have argued that, the concept of dignity possesses fundamental jural status in the legal architype and judicial interpretational grandstanding. To investigate the applicability of Human dignity as a legal formula, we have taken four distinct indicators of juristic assessment- legal principles, conventions, statutes and judgements. Next, we analysed the provisions of numerous international conventions and other instruments intricately to identify the rationale and importance of use of dignity in the texts of these instruments. Lastly, we determined the legality of dignity as a tool to incorporate human rights in international conventions. For that, we have analysed various judgments of different international courts and tribunals. We contemplate that, human dignity concept has sturdy legal application as legal principle by international legal jurisprudence, especially in international human rights law and international humanitarian law. 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 the dignity concept as a legal parameter of human rights protection.

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Publication Details

Journal
Journal of creative writing.
Published
2025-03-04
DOI
https://doi.org/10.70771/jocw.139
Primary Topic
Patient Dignity and Privacy
Type
article
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article

THE JURIDICAL STATUS OF HUMAN DIGNITY: AN INVESTIGATION

Evnat Bhuiyan, Rajib Hossain
1 links
Journal of creative writing.
Patient Dignity and Privacy
article

THE JURIDICAL STATUS OF HUMAN DIGNITY: AN INVESTIGATION

Evnat Bhuiyan, Rajib Hossain
article en

Abstract

Dignity is a conscientiously and complicatedly abstract idea. It is an enormously debated term for its juristic root, legal basis and judicial insinuation. Literatures recognising the juridical status of dignity are insufficient and there is a huge knowledge gap in determining the applicability of dignity concept in formulating and interpretating judgements. This paper attempts to intersect the legal status of "Dignity" as a credible legal doctrine in international law. We have argued that, the concept of dignity possesses fundamental jural status in the legal architype and judicial interpretational grandstanding. To investigate the applicability of Human dignity as a legal formula, we have taken four distinct indicators of juristic assessment- legal principles, conventions, statutes and judgements. Next, we analysed the provisions of numerous international conventions and other instruments intricately to identify the rationale and importance of use of dignity in the texts of these instruments. Lastly, we determined the legality of dignity as a tool to incorporate human rights in international conventions. For that, we have analysed various judgments of different international courts and tribunals. We contemplate that, human dignity concept has sturdy legal application as legal principle by international legal jurisprudence, especially in international human rights law and international humanitarian law. 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 the dignity concept as a legal parameter of human rights protection.

Journal of creative writing.Vol. 9(1)
Jagannath University (BD), École Normale Supérieure de Bouzareah Alger (DZ)
Openalex Percentile: Top 85%
Patient Dignity and Privacy
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THE JURIDICAL STATUS OF HUMAN DIGNITY: AN INVESTIGATION — Evnat Bhuiyan, Rajib Hossain · Journal of creative writing. (2025) | TGRS Research Map | TGRS