1. HUMAN DIGNITY AS A CRITERION OF DEMOCRACY
Third International Conference on Elections and Democracy 2017
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
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2. CONTENT State and individual
Human dignity and right to physical integrity
Involuntary sterilization
Compulsory vaccination
Human dignity and democracy
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„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

3. 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

4. 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
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Informed consent
Vulnerable people
Human as an subject not object
Partnership
Non-therapeutic treatment
Best interest of patient
RIGHT TO PHYSICAL
INTEGRITY
HUMAN DIGNITY

5. 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)

6. 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

7. 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

8. 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?

9. THANK YOU FOR YOUR ATTENTION
Pavel Doubek
Faculty of Law Masaryk University Brno
„…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
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THANK YOU FOR YOUR ATTENTION