Human Dignity in Croatia

In the liberal legal system of the Republic of Croatia, the Constitutional Court affirmed that even extremely serious public interests cannot justify interference with the core area of private life, which is protected as absolutely inviolable by the guara

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Handbook of Human Dignity in Europe

Handbook of Human Dignity in Europe

Paolo Becchi • Klaus Mathis Editors

Handbook of Human Dignity in Europe With 2 Tables

Editors Paolo Becchi Faculty of Law University of Genoa Genoa, Italy

Klaus Mathis Faculty of Law University of Lucerne Lucerne, Switzerland

ISBN 978-3-319-28081-3 ISBN 978-3-319-28082-0 (eBook) ISBN 978-3-319-28083-7 (print and electronic bundle) https://doi.org/10.1007/978-3-319-28082-0 Library of Congress Control Number: 2019932839 © Springer Nature Switzerland AG 2019 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors, and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland

Preface

Human dignity can lay claim to a long tradition as a religious and philosophical concept, but only in recent times has it taken shape as a legal concept. The arrival of dignitas in international law was incited by the atrocities of the Second World War. It was in response to these that the United Nations, in 1948, proclaimed the Universal Declaration of Human Rights, which states in its first Article that “all human beings are born free and equal in dignity and rights”. In 1949, the concept was anchored on the national level for the first time in Article 1 Section 1 of the German Basic Law and, as that example was followed, gradually gained prevalence in other European countries. Much has already been written about human dignity, but what has been missing until now is a systematic work which sets out to analyse this concept in the law of the individual countries of Europe. The present volume attempts to fill this gap by taking a detailed look at each country’s constitution, legislation and jurisprudence. In addition, it also examines the significance of human dignity in the law of the European Union and in the Eu