Human Dignity and Judicial Interpretation of …

The European Journal of International Law Vol. 19 no. 4 EJIL 2008; all rights reserved .. Human Dignity and Judicial Interpretation of Human rights Christopher McCrudden*. Abstract The Universal Declaration on Human rights was pivotal in popularizing the use of Dignity '. or Human Dignity ' in Human rights discourse. 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 under- standing of what Dignity requires substantively within or across jurisdictions. The meaning of Dignity is therefore context-speci c, varying signi cantly from jurisdiction to jurisdiction and (often) over time within particular jurisdictions. Indeed, instead of providing a basis for principled decision-making, Dignity seems open to signi cant Judicial manipulation, increas- ing rather than decreasing Judicial discretion.

Human Dignity and Judicial Interpretation of Human Rights 657 and respect because of a particular status that he or she had. So, appointment to par-

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