The article provides a theoretical and legal analysis of the legal nature of human dignity in modern legal understanding in order to clarify its place in the system of human rights and mechanisms for limiting state power. It is shown that in different legal traditions, human dignity is conceptualized differently: as a fundamental value, a constitutional principle, or a subjective right, which directly affects the nature of its legal protection. The German model is studied, in which human dignity is enshrined as an autonomous and directly acting constitutional principle that establishes the absolute limit of permissible state intervention 133 ПРАВО УКРАЇНИ • 2026 • № 2 • 125-133 ЛЮДСЬКА ГІДНІСТЬ У СУЧАСНОМУ ПРАВОРОЗУМІННІ: СУБ’ЄКТИВНЕ ПРАВО, ПРИНЦИП ЧИ МЕЖА ВЛАДИ and prohibits the transformation of a person into a means even in the name of the public good. In contrast, French legal doctrine and the practice of the Constitutional Council consider dignity as a constitutional principle that functions within the framework of the legal order and is implemented through a mechanism for finding a balance, sometimes by limiting individual autonomy. The content and legal nature of dignity remain debatable. Despite the presence of a minimum universal core (the inadmissibility of certain forms of treatment of a person), the position of dignity as this core does not have a unified content and depends on the specific model of constitutional law enforcement. This gives rise to different, sometimes opposite ways of using the concept of “dignity” in judicial arguments. The article shows that human dignity, according to certain scholars, is conceptualized as a constitutional principle and at the same time as a category that performs a “borderline” function in relation to state power. Other researchers substantiate the dual nature of dignity – as a principle/ value and a subjective right, emphasizing that the failure to distinguish these aspects leads to difficulties in interpretation. The Ukrainian constitutional model is indicative, in which human dignity is directly enshrined mainly as a subjective right to respect for it, while the principle is the duty of the state to ensure human rights and freedoms. This leads to the need for further theoretical clarification of the legal nature of human dignity, taking into account legislative regulation and the practice of the Constitutional Court of Ukraine.

Authored books

1. Grimm D, Kemmerer A, M|llers C, Human Dignity in Context. Explorations of a Contested Concept (Nomos 2018). Edited books

2. Mahlmann M, ‘Human Dignity and Autonomy in Modern Constitutional Orders’, in M Rosenfeld, A Sajy (eds), The Oxford Handbook of Comparative Constitutional Law (Oxford Academic 2012) 372–373 https://doi.org/10.1093/oxfordhb/9780199578610.013.0020.

3. Schulman A, ‘Bioethics and the question of human dignity’, Human dignity and bioethics: essays commissioned by the President’s Council on Bioethics (Washington, D.C. 2008) 4–6.

4. Waldron J, Dan-Cohen M (eds), Dignity, Rank, and Rights: The Berkeley Tanner Lectures (Oxford Academic 2012), https://doi.org/10.1093/acprof:oso/9780199915439.001.0001. Journal аrticles

5. Barroso L R, ‘Here, There, and Everywhere: Human dignity in Contemporary Law and in the Transnational Discourse. [2012] 35:331 Boston College International & Comparative Law Review 331–333.

6. McCrudden C, ‘Human Dignity and Judicial Interpretation of Human Rights’ [2008] 19(4) The European Journal of International Law 656–657 https://doi.org/10.1093/ejil/chn043

7. Rao N, ‘Three Concepts of Dignity in Constitutional Law’ [2013] 86 Notre Dame Law Review 187–189.

8. Treiger-Bar-Am K, ‘In Defense of Autonomy: An Ethic of Care’ [2008] 3 NYU Journal of Law & Liberty 551. Theses

9. Steinmann R, ‘The legal significance of human dignity’ (thesis, Doctor of Laws, 2016) Conference рapers

10. Badyda A, ‘Pryntsyp povahy do ljudskoji hidnosti u pravoporjadku Frantsuzkoji Respubliky’, International scientific-practical conference “Current Issues of the World Economy, International Economic Relations and International Communications Amidst the Formation of a New World Order and Polarization of the World” (March 24–25, 2025) Vol. 1 (Baltija Publishing 2025) 138–140 https://doi.org/10.30525/978-9934-26-534-1-17 (in Ukrainian).