«Достоинство как Grundrecht в германской политико-правовой традиции»

Вестник Северного Арктического федерального университета. 2016. № 4. С. 83–87.

Юрлова Мария Дмитриевна

Summary: From the point of view of the author, the new, post-war German constitution should secure the break with the past. Human rights have become a symbol this break, the Federal Republic of Germany was one of the first countries to put human rights in the framework of the constitutional project. This article discusses the concept of "dignity", which is one of the basic rights of the individual in the German philosophical and politico-legal tradition. The author also analyzes the content of the German constitution in 1949. The author points to the place of "dignity" in the philosophical discourse and makes it clear why the "dignity" is so important, based on the history of political and legal thought in Germany. The author also draws attention to the uncertainty of philosophical, political and legal content of the concept of "dignity" and demonstrates why it is important. The author argues that at present concept of human dignity is an important, meaningful and subject to unconditional protection, evidenced by the rhetoric of political theorists and lawyers - theorists and judicial practice in Germany. This position assumes that "citizens" - is not as passive objects of care and attention from the state and society, but actively actors, the dignity which the constitution protects from attacks, including the state, providing citizens, in addition to this, various mechanisms to protect their rights. The individual, who is referring to the German political and legal (constitutional) the thought - is, above all, a person who is aware of his place in the state, know their rights and is not intended to be treated otherwise than as a full participant in the political life. 

Keywords: права человека, human rights, Dignity, политический субъект, достоинство, Constitution of Germany, political subject, конституция Германии