Summerschool Health law and ethics Erasmus University Rotterdam, July 2009 Human dignity and human rights Article 3 1.Human dignity, human rights and fundamental freedoms are to be fully respected 2.The interests and welfare of the individual should have priority over the sole interest of science or society

Principle Basic value: starting point for moral justification Action-guide: most significant directive for action principium princeps Principles are theoretical concepts but also practical guidelines

Value theory What is a value? 1.Instrumental value Usefulness of utility for a particular purpose; value derived from something else 2.Personal value Dependent on the subjective wishes and valuations of an individual; value derived from the attributions by a specific person 3.Intrinsic value Independent from what human beings wish and desire, and independent from they can do with it

Value theory What is a value? 1.Instrumental value Usefulness of utility for a particular purpose; value derived from something else 2.Personal value Dependent on the subjective wishes and valuations of an individual; value derived from the attributions by a specific person 3.Intrinsic value Independent from what human beings wish and desire, and independent from they can do with it money soccer games Van Gogh painting EXAMPLES

Concept of human dignity Primary ground for patient’s rights e.g. to be informed, to make decisions, to do last things Source of insistence that people receive proper respect and consideration Useful concept: … especially in three contexts - Beginning of life (abortion) - End of life (intensive care, care of demented elderly, palliative care, euthanasia) - Human reproduction (cloning) Noëlle Lenoir: aim of bioethics is to protect what is inherent human dignity against the misuse of technological development

Concept of human dignity ‘dignity’: the quality of being worthy of esteem or respect Two dimensions: 1.Outstanding position of a person in society - quality of being a worthy or honorable person in society; virtue (~ concept of honor) -intersubjective, public recognition 2.Intrinsic value of the humanity of the person - the human being has dignity in itself as a bearer of rights and duties Personal value Instrumental value - can be acquired - can be awarded Intrinsic value - is always there and is inalienable

Concept of human dignity Evolution of the concept Cultural and social context of Virtue and Honor Universalised as intrinsic value and moral responsibility of every human being e.g. Ancient Rome (Cicero) e.g. Stoic philosophy e.g. Christianity (imago Dei) e.g. Constitution of countries (Canada, Sweden, Germany) e.g. Charter of the United Nations

Concept of human dignity Why is human dignity an intrinsic value? special position of the human being within creation: reflecting the dignity of God rationality; human being’s consciousness and ability to think Blaise Pascal: Thoughts “Man is but a reed, the most feeble thing in nature, but he is a thinking reed. The entire universe need not arm itself to crush him. A vapour, a drop of water suffices to kill him, But, if the universe were to crush him, man would still be more noble than that which killed him, because he knows that he dies and the advantage which the universe has over him; the universe knows nothing of this. All our dignity consists then in thought”

Concept of human dignity Why is human dignity an intrinsic value? special position of the human being within creation: reflecting the dignity of God rationality perfectibility: human being is different from other creatures because it is not fixed; he is free to decide his own way of life Pico della Mirandola: Oration on the dignity of man The nature of all other beings is limited and constrained within the bounds of laws prescribed by Us. Thou, constrained by no limits, in accordance with thine free will, in whose hand We placed thee, shalt ordain for thyself the limits of thy nature. Human unfixedness = Faculty of improvement (Rousseau) = never- ending human progress = perfectibility of man (Condorcet)

Concept of human dignity Why is human dignity an intrinsic value? special position of the human being within creation: reflecting the dignity of God rationality perfectibility autonomy: human being is the creator of values and norms Immanuel Kant: Groundwork of the Metaphysics of Morals Concept of moral self-legislation; Autonomy is therefore the ground of the dignity of human nature and of every rational nature

Concept of human dignity The universalisation of the concept of human dignity 19 th century: socio-political application of the term human dignity 20 th century: legal status - Constitutions - Charter of the United Nations - Universal Declaration of Human Rights, 1948 Article 1 All human beings are born free, equal in dignity and human rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood Political context: all biological and historical differentiations among men as unreal or irrelevant

Concept of human dignity Conclusions a.Term ‘human dignity’ involves concentration upon the distinctive nature of human personal life. Human dignity is the very essence of humanity. b.Human dignity demands recognition of the equality of all human beings. All people have the same dignity. c.Mutual recognition of dignity leads to the recognition of equal rights, i.e. generally acknowledged human rights.