Vol. 7, Issue 7, Part B (2021)

Abstract
This article argues that the use of ‘dignity’, beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. Having dignity means being treated with respect and treating others with respect. Dignity is one of the most important things to the human spirit. Only with dignity are people able to achieve things like being good in school, finding friends, leading a happy life, and maybe even making a difference in the world. Indeed, instead of providing a basis for principled decision-making, dignity seems open to significant judicial manipulation, increasing rather than decreasing judicial discretion. Human rights are intimately related to the notion of human dignity. The importance of human rights and the requirement to respect everyone's rights is based on the notion of human dignity. In that sense, human dignity is considered to be the foundation of human rights.