Publication details
Human Dignity as a Criterion of Democracy
| Authors | |
|---|---|
| Year of publication | 2017 |
| Type | Article in Proceedings |
| Conference | 3rd International Conference on Elections and Democracy 2017 - Does Democracy have a future? |
| MU Faculty or unit | |
| Citation | |
| Web | Researchgate webside |
| Field | Law sciences |
| Keywords | democracy; human dignity; public interest; sterilisation; vaccination; eugenics |
| Description | Legal and social science describe democracy with its basic elements, for example the distribution of state power, pluralism, elections, liberty, equality, human rights, protection of minorities. The character of democratic society (and thus the distinction between democracy and totalitarianism) can be seen also in the relation between the state and the individual. When the state works for the individual and respects his or her choices, we can say that this state should be democratic. On the other hand, if the state is ignorant to the wishes and desires of its own citizens and treat the individual rather as object of state interests than as an independent human being, we should be very reluctant to consider that state as democratic. It should be noted, however, that the distinction is not always that clear. The conception of modern democratic state requires that the state should be govern by the principle of rule of law and should respect, protect and fulfil the fundamental human rights and basic freedoms of every human being, which means that state should above all be respectful to the right of everyone to make autonomous decisions about one‘s life. In this paper I wish to focus on conception of human dignity and autonomy of a will of a person with respect to his or her right to physical integrity covered by Article 3 and 8 of the European Convention on Human Rights. I will analyse the law and practice of involuntary sterilization of Roma women in Czechoslovakia during the Communist regime and non-consensual vaccination policy in contemporary Czech law. On these two examples we will see the different state approach to the rights of the most vulnerable people, which helps us to understand better the values on which democracy is built and also the distinction between democracy and totalitarianism. |