McDougal, Lasswell, and Chen studied dignity as a basis for international law. They said that using dignity as the basis for laws was a "
natural law approach." The natural law approach, they said, depends upon "exercises of faith." McDougal, Lasswell, and Chen observed:
Canada In 2004, Canada enacted the
Assisted Human Reproduction Act. Section 2(b) of the Act states, "the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research." The Act prescribes a fine not exceeding $500,000 or imprisonment for a term not exceeding ten years, or both, if someone undertakes a proscribed activity such as the creation of a
chimera.
European Union Article 1 of the
Charter of Fundamental Rights of the European Union affirms the inviolability of human dignity.
France In 1997, the National Consultative Committee for Ethics in the Life and Health Sciences, as well as other observers, noted that France's dignity-based laws on bio-medical research were paradoxical. The law prohibited the willful destruction of human embryos but directed that human embryos could be destroyed if they were more than five years old. The law prohibited research on human embryos created in France but permitted research on human embryos brought to France.
Germany Human dignity is the fundamental principle of the
German constitution. Article 1, paragraph 1 reads: "Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." Human dignity is thus mentioned even before the
right to life. This has a significant impact on German law-making and jurisdiction in both serious and trivial items: • Human dignity is the basis of § 131 of the
German criminal code, which prohibits the depiction of cruelty against humans in an approving way. § 131 has been used to confiscate
horror movies and to ban
video games like
Manhunt and the
Mortal Kombat series. • A decision by the
German Federal Constitutional Court in 1977 said
life imprisonment without the possibility of
parole is unconstitutional as a violation of human dignity (and the
Rechtsstaat principle). Today, a prisoner serving a life term can be granted parole on good behavior as early as 15 years after being incarcerated, provided that his release is held to constitute little danger to the public. Persons deemed still dangerous can be incarcerated indefinitely on a life term, if this judgment is regularly reaffirmed. • § 14(3) of the
Luftsicherheitsgesetz, which would have allowed the
Bundeswehr to shoot down airliners if they are used as weapons by terrorists, was declared unconstitutional mainly on the grounds of human dignity: killing a small number of innocent people to save a large number cannot be legalized since it treats dignity as if it were a measurable and limited quantity. • A
Benetton advertisement showing human buttocks with an "
H.I.V. positive" stamp was declared a violation of human dignity by some courts, but in the end found legal. • The first German law legalizing
abortion in 1975 was declared unconstitutional because the court held that
embryos had human dignity. A new law on abortion was developed in the 1990s. This law makes all abortions
de jure illegal, except if preceded by counseling (§ 219(1) of the German criminal code). • In a decision from 1981, the
German Federal Administrative Court declared that
peep shows violated the human dignity of the performer, regardless of their feelings. The decision was later revised. Peep shows where the performer cannot see the persons who are watching them remain prohibited as a matter of dignity.
India The word 'dignity' is mentioned in the
Preamble to the Constitution of India: The preamble is widely regarded as the backbone of the Indian constitution, and is seen as embodying its spirit. There have been instances where in contentious situations like the passing of the Citizenship Amendment Act, 2019, criticisms have been made by recalling the constitutional Values of dignity and national integrity, as mentioned in the Preamble.
Iran The need to respect human dignity has been written in the Iranian constitution law. Article 2 of the Iranian Constitution Law mentions six principles and infrastructures as basic to the governing system which in Article 1 is called the Islamic Republic of Iran. The sixth principle of this Article concerns human dignity and stipulates that "the Islamic Republic of Iran is a system founded on faith in ….6) Human dignity and high value and his/her freedom as well as his responsibility before God"[3]. Besides, in the prelude to the Constitution, human dignity is referred to concerning the mass media.
South Africa The
Constitution of South Africa lists "human dignity, the achievement of equality and the advancement of human rights and freedoms" as one of the founding values of the South African state, and the
Bill of Rights is described as affirming the "democratic values of human dignity, equality and freedom". Section 10 of the Constitution explicitly states that "Everyone has inherent dignity and the right to have their dignity respected and protected." In jurisprudence, the right to dignity is often seen as underlying more specific rights, such as equality, security of the person or privacy, but it has been directly applied in a number of cases relating to
criminal punishment, the law of
defamation, and the right to marriage and family life.
Switzerland The
Swiss Federal Constitution provides in article 7 that "Human dignity must be respected and protected." It also provides, in art. 120, that the state must "take account of the dignity of living beings as well as the safety of human beings, animals and the environment" when legislating on the use of reproductive and genetic material; consequently the Federal Ethics Commission on Non-Human Biotechnology (ECNH) issued, in 2008, a publication entitled "The dignity of living beings with regard to plants". ==See also==