HUMAN DIGNITY AS A CRITERION OF DEMOCRACY Third International Conference on Elections and Democracy 2017 19 - 20 April 2017 Kuching, Sarawak „Democracy is government of the people, by the people, for the people” Abraham Lincoln HUMAN DIGNITY AS A CRITERION OF DEMOCRACY To view this presentation, first, turn up your volume and second, launch the self-running slide show.

CONTENT State and individual Human dignity and right to physical integrity Involuntary sterilization Compulsory vaccination Human dignity and democracy To view this presentation, first, turn up your volume and second, launch the self-running slide show. „The dignity of a human being is his free will; the freedom to shape his life and fulfill himself. It is a person´s freedom to write his life story.” Ahron Barak

DEMOCRACY COMMUNISM Effective investigation and remedy „Interests and welfare of the human being shall prevail over the sole interest of society or science” Article 2 of the Oviedo Convention Effective investigation and remedy Violation of human rights and discrimination Autonomy of a will Protection, respect, fulfilment of human dignity and human rights Coercive treatment Eugenic interests No investigation and no remedy Presentations are a powerful communication medium. Protection of public health Paternalistic approach Partnership DEMOCRACY COMMUNISM

RIGHT TO PHYSICAL HUMAN DIGNITY INTEGRITY „Three generations of imbeciles are enought.“ Buck v. Bell Non-derogable Derogable The highest value Legal ground, legitime aim, principle of neccesity Torture and cruel, inhuman and degrading treatment or punishment Autonomy of a will Presentations are a powerful communication medium. Informed consent Vulnerable people Human as an subject not object Partnership Non-therapeutic treatment Best interest of patient RIGHT TO PHYSICAL INTEGRITY HUMAN DIGNITY

Discriminatory – Roma people Unofficial State policy Covert nature INVOLUNTARY STERILIZATION Discriminatory – Roma people Unofficial State policy Covert nature Preference of public interests Non-therapeutic purpose Without consent Absence of compensation A law which sacrifices the human dignity of individuals in order to avoid reasonable calls by the disabled inverts the civilised priority of values and depletes the humanity of society. Marion case (sterilization of girl with mental disability)

Vulnerable people – new borns Official state policy Legal regulation „Compulsory vaccination – as an involuntary medical treatment – amounts to an interference with the right to respect for one’s private life, which includes a person’s physical and psychological integrity“ Solomakhin v. Ukraine COMPULSORY VACCINATION Vulnerable people – new borns Official state policy Legal regulation Preference of public health Partially non-therapeutic purpose Without consent Absence of compensation

DEMOCRACY COMMUNISM HUMAN DIGNITY AND DEMOCRACY STERILIZATION Discriminatory Unofficial State policy Covert nature Preference public interests Without consent Non-therapeutic purpose Absence of compensation VACCINATION Vulnerable people – new borns Official state policy Preference of public health Without consent Partially non-therapeutic purpose Absence of compensation Effective investigation Racial discrimination Autonomy of a will Coercive treatment Eugenic interests Protect, respect, fulfil human dignity and human rights No international obligations Presentations are a powerful communication medium. No remedy Protect public health Paternalistic approach Partnership DEMOCRACY COMMUNISM

Human dignity in a case of sterilization and vaccination? HUMAN DIGNITY AS A CRITERION OF DEMOCRACY Human dignity in a case of sterilization and vaccination? Is the inviolability of human dignity criterion of democracy? Was the Czechoslovakia a democartic state with respect to human dignity? Is the Czech Republic a democratic state with respect to human dignity? What should state do to remain democartic with respect to human dignity?

THANK YOU FOR YOUR ATTENTION Pavel Doubek Faculty of Law Masaryk University Brno Padub@seznam.cz „…The long-term objective of state that respects the freedom of its citizens should be that all medical procedures are performed on the basis of free and informed consent“ Dissenting opinion of Judge Simackova in Constitutional Court Judgement No. Pl. US 19/14 To view this presentation, first, turn up your volume and second, launch the self-running slide show. THANK YOU FOR YOUR ATTENTION