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Article Respect for and Protection of Human Dignity in Ukraine: European Model Implementation Issues
Authors Holovan I., Kampo V.
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2 / 2015
Pages 163 - 174
Annotation The article describes both theoretical and practical issues of implementation of the European model of respect for and protection of human dignity in Ukraine. In Ukraine, the concept of dignity has become extremely topical after the Revolution of Dignity (November, 2013 — February, 2014). In the modern context dignity can function as an extension of the Enlightenment-era concepts of natural and inherent, inalienable rights. As such the concept of dignity is based on interconnection thereof with fundamental human rights and freedoms of the Convention on Human Rights of the Council of Europe of 1950. All in all, Ukraine follows the European concept of human dignity but with the certain developmental lag (sectorial approach prevails over the universalism, etc.). The European model provides a wide and comprehensive definition of the human dignity. Thus, the concept of «physical and mental integrity» covers much wider range of situations then the extreme instances of inhuman treatment and torture. The Ukrainian developmental lag must be overcome by effective implementation of European standards of respect for and protection of human dignity. Ukraine needs the new doctrine of human rights and dignity protection based on the European Union experience of democracy and recent scientific research. Implementation of the European model of human dignity respect and protection requires significant legislation reforms. The constitutional complaint implementation is the most important and urgent one.
Keywords respect for and protection of human dignity, rights and freedoms of man and the citizen, the Constitution of Ukraine.
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