Human dignity and social welfare

Steigleder, Klaus; Düwell, Marcus; Braarvig, Jens; Brownsword, Roger; Mieth, Dietmar

doi:10.1017/cbo9780511979033.059

Cited by 8 publications

(4 citation statements)

References 4 publications

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“…The ICESCR also has a clause addressing human dignity. Many scholars have linked economic and social rights and human dignity (e.g., Steigleder, 2014; Gearty, 2013; Matteucci & Halliday, 2017). Jurisprudence around the world has acknowledged human dignity’s link with economic and social rights.…”

Section: Findings and Discussionmentioning

confidence: 99%

Judicial Interpretation of Human Dignity by Hong Kong’s Courts

Shen

2022

Sage Open

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This study employed empirical, case, and comparative analysis methods to examine how Hong Kong’s courts have judicially interpreted the concept of human dignity. It aimed to understand the concept of human dignity in Hong Kong law and its role in judicial adjudication and to explore the contributions that Hong Kong’s courts have made to interpreting and developing the concept of human dignity in support of the development of national and international human rights. In this study, cases heard in Hong Kong’s courts from 1997 to 2019 were analyzed. The results showed that Hong Kong’s courts interpreted the concept of human dignity in cases concerning the right to equality, right to privacy, right to work, right to dignity, and the prohibition of torture and other cruel, inhuman, or degrading punishment or treatment, despite the fact that some of them are not found in the Hong Kong Basic Law. The concept of human dignity provides a foundation on which judges can interpret human rights and is a useful tool for litigants to safeguard their human rights. Although Hong Kong’s courts have cited interpretations of human dignity made by the European Court of Human Rights and other common law courts, they have also interpreted it in their own unique way. Hong Kong’s courts have made great contributions to shaping the concept of human dignity to increase justice around the world.

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Section: Findings and Discussionmentioning

confidence: 99%

Judicial Interpretation of Human Dignity by Hong Kong’s Courts

Shen

2022

Sage Open

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“…Thus, the concept of human dignity is an underlying principle of a welfare state. By virtue of its responsibility to protect human dignity, every welfare state should ensure that unemployment or disability does not deprive people of the means of existence, human rights of every citizen are intact, a functioning, productive and sustainable economy is in place, assistance is provided to people who cannot help themselves and existential risks including fear are eliminated (Steigleder, 2014 ). Welfare states respond to the demand for human dignity by establishing ‘fundamental rights’ in accordance with their resources as called upon by Article 22 of the United Nations Universal Declaration of Human Rights.…”

Section: Human Dignity and Human Rights In A Welfare State: An Analysis Of The Indian Contextmentioning

confidence: 99%

The COVID-19 Pandemic and Human Dignity: the Case of Migrant Labourers in India

Choolayil

Putran

2021

J. Hum. Rights Soc. Work

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Being one of the badly affected nations by the novel coronavirus, the Indian government had rolled out a set of strategies to contain the transmission. While measures like the lockdown inflicted significant damage on many sections of society, the interstate migrant labourers' plight across India was nothing less than disastrous. While the privileged sections of the society could afford the strict restrictions laid down by the state, the migrant labourers stuck in different parts of the country found themselves to be second class citizens. This research is an ethical discourse on the human dignity of migrant labourers in a welfare state during the pandemic context. Data gathered from reports on the subject matter in media licensed by the state were analysed under the theoretical lens of violation of human dignity. The outcome of the research involves a critical appraisal of the human dignity of the marginalised in a so-called modern welfare state.

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“…Eine Person hat immer dann einen Anspruch auf Hilfeleistung, wenn ein grundlegendes Recht von ihr bedroht ist, sie sich selbst nicht helfen kann und eine andere Person ohne vergleichbare Kosten zur Hilfeleistung in der Lage ist. Im Falle chronischer Hilfsbedürftigkeit würde die Hilfeleistung einzelne Personen überfordern, sie kann aber kollektiv organisiert und (etwa sozialstaatlich) institutionalisiert werden (Steigleder 2014 ). Für den Einzelnen besteht dann vor allem die Pflicht, die entsprechenden Institutionen zu unterstützen.…”

Section: Bedeutung Und Grenzen Des Lebensschutzesunclassified

Ethische Zielkonflikte in der Corona-Krise

Steigleder

2021

Z Politikwiss

Self Cite

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Human dignity and social welfare

Cited by 8 publications

References 4 publications

Judicial Interpretation of Human Dignity by Hong Kong’s Courts

Judicial Interpretation of Human Dignity by Hong Kong’s Courts

The COVID-19 Pandemic and Human Dignity: the Case of Migrant Labourers in India

Ethische Zielkonflikte in der Corona-Krise

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