2016

Abstract: Underthe European Convention on Human Rights (ECHR), dignity is not a justiciable right. Such a right does not appear as such in the Convention, and even if it were expressly provided for, it could not exist independently of the other guaranteed rights (such as the prohibition on discrimination set forth in Article 14 of the ECHR). Although not explicitly enshrined in the Convention, human dignity has an undeniable interpretive value. It is a substantive principle of interpretation that has been invoked both to affirm individual rights and to limit individual freedom in accordance with values generally recognized by society. Thus, the concept of human dignity can play a dual role—that of affirmation, but also of exclusion or limitation of the guarantees provided by the Convention. Furthermore, since the meaning of the concept of human dignity is so broad, it lends itself partly to a consensual interpretation and partly to interpretations shaped by the national specificities of each State Party to the ECHR.

Keywords:European Convention on Human Rights, humanity, dignity, consensual interpretation, national specificity