Individuals are the possessors of fundamental human rights, which states and international organizations, have recognized and pledged to respect. Internationally recognized human rights are those recognized by most states. The Universal Declaration of Human Rights confirms the existence of “internationally recognized human rights”. The Preamble text of the Universal Declaration of Human Rights dated December 10, 1948, is as follows: “The recognition of the inherent dignity of all members of the human family and their equal and inalienable rights is the basis of freedom, justice and peace in the world” and “The peoples of the United Nations, in the United Nations Foundation Document, is committed to affirming their belief in one’s dignity and worth, men and women’s equality of rights, and ensuring social development and a better standard of living in wider freedom. In fact, Article 1 is as follows: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience; they should treat each other with a sense of brotherhood.” Article 12 states that no one shall be arbitrarily intervened in no one’s private life, family, home or correspondence, nor shall no one be attacked on no one honor or behalf, and that everyone has the right to be protected by law against such interference or attacks. This declaration also states that: everyone has the right to the realization of economic, social, and cultural rights indispensable for human dignity and the free development of personality (Art. 22); Everyone who works has the right to be paid just and favorably at a level that will ensure a decent life for ourselves and our family.
Let’s take a look at other laws! The European Convention of Human Rights (ECHR) states that the right to life and the dignity of all people is innate. Also, the ICCPR (International Covenant on Civil and Political Rights) recognizes the innate dignity and recognition of equal and inalienable rights of all members of the human family, per the principles stated in the Charter of the United Nations, as the foundation of freedom, justice, and peace. These rights in the world arise from the inherent dignity of human beings. Article 10 of ICCPR, “1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” International Covenant on Economic, Social, and Cultural Rights is the same as ICCPR. Dignity is mentioned in the Preamble. In fact, there is a law regulation in Turkey for the protection, development, and regulation of human rights based on human dignity: “Türkiye İnsan Hakları ve Eşitlik Kurumu Kanunu”. This Act’s second article tells that: “Harassment: Based on one of the grounds listed in this Law, including its psychological and sexual types, human any intimidating, indignity, humiliating or embarrassing refers to a variety of behavior.”
Rights can be violated by physical action or deprivation of rights. The aid regime for helpless persons, or a situation in which unelected officials arbitrarily determine their approach to individuals subject to economic sanctions, is based on the discretionary interest of outside parties. This is a cautious and at worst condescending approach towards people. It is based on human rights. The approach “accepts beneficiaries as active subjects and beneficiaries and sets out duties or obligations against those against whom they can be discussed to ensure that their needs are met.
The approach followed here is that of solidarity with the victims of economic sanctions; this requires recognition of their status as holders of internationally recognized human rights that stem from their innate dignity as human beings. This approach leads to examining the consequences of economic sanctions in the light of universal individual and fundamental human rights, including the right to life. According to ICCPR Art. 7(1); CRC Art. 37; ICESCR Art. 11 (1); CRC Art. 27 the right not to be subjected to inhuman and degrading treatment; The right to an adequate standard of living, including food, clothing, housing, medical care, necessary social services, and social security.
The right to an adequate standard of living, including food, clothing, housing, medical care, necessary social services, and social security; the right to family life; Right to work; the right to health and education; The right to freely participate in the cultural life of the community, to enjoy the arts and to participate in scientific development and to benefit from it; and the right to information regardless of borders. Typically, a single deprivation measure can simultaneously violate several of the rights mentioned above. Deterioration of the rights mentioned above may contribute to the impairment of other rights not listed above. Right not to be subject to illegal discrimination is essential to enjoy all other rights.
In the light of all this, what is human dignity? Is it virtue? Is it respect? Is it to find yourself respected? İoanna Kuçuradi explains that human dignity is human value as follows: “When I say the value of human, I understand the special place of human among other living things. What gives a human this special place is the sum of his human qualities, the possibilities that distinguish him/her from other living things. These possibilities appear as human-specific activities and products. These features are in addition to those that humans have in common with other living things. These features or possibilities constitute the “value” or “dignity” of the human being.”[1] “Human rights are needed” not for life, but a life of dignity, “says Jak Donelly.[2] Kant says that the concept of honor is human free due to his ability to make moral choices.[3] Andrew Clapham has determined that legal concerns regarding human dignity should serve at least four points. These:
- Prohibition of all kinds of inhuman treatment, humiliation and shame,
- Guaranteeing the individual preferences of each individual regarding self-realization, autonomy, and satisfaction,
- Recognizing and protecting group identity and culture,
- It is the creation of conditions in which basic needs are met for every human being.[4]
Contrary to the above view, McCrudden states his point after a detailed discussion as not finding the concept of human dignity very useful in the legal applications of human rights.
There are regulations made using the concepts of dignity and personality right in the Turkish legal system: Articles 17 and 32 of the 1982 Constitution, Articles 23 and 24 of the Civil Code, Article 49 of the Code of Obligations. Article 16 and 18 of Law No. 5680, Articles 480 of the Turkish Criminal Code. According to the Turkish Constitutional Court decision on 28.06.1966, dignity is defined as follows: “The concept of human dignity describes the recognition and enumeration of the value of being human, regardless of the situation and under whatever circumstances a person is found. This is such a line of behavior that the action taken down from it prevents the person who is addressed to it from being human.”
Let’s take a short journey in the history of human dignity! The idea of humanity is the highest cultural example of ancient Greek and Latin culture against the scholastic thought of the Middle Ages during the enlightenment of the West, the view of science, art, and philosophy, which regard human existence and human love as the supreme ideal and purpose, and the doctrine developed in this way. the thought currents of new ages in this direction. Its influence began with the Renaissance movement. Guaranteeing the rights of the individual in terms of domestic law is expressed as a long transformation in the constitutional and public law disciplines that started with the 1215 Magna Carta Libertatum and accelerated with the American War of Independence and the French Declaration of Human and Citizen Rights of 1789. As we have previously examined, many international conventions and regulations are designed to protect human rights today. One of them is Human Rights Universal Declaration. Although this declaration is not as binding as a declaration, it lives in the conventions and constitutions and even some common law rules on which it constitutes or inspires.
Since human dignity is the fundamental feature that makes human beings human, international human rights law recognizes that we are completely equal in terms of race, gender, color, language, religion, origin, lineage, family, and health. Human dignity as the foundation of a human rights approach is a necessity of the rule of law and being human. The concept of human dignity can only be mentioned in a state of law and the rule of law is the guardian of human dignity. This approach, which is based on human beings, brought with it the idea that human beings are valuable and have innate human dignity just because they are human. The concept of human dignity is also a legal term. Human dignity means that people are valuable and worthy of respect just because they are human. Although the term human dignity was first put forward by the natural law doctrine, today it is a positive concept that has entered into many international conventions and national legislation. It is in Turkish law and many countries’ legal. In the legislation, this term has been recognized and protected by the constitution itself. This term has had a significant impact on countries such as criminal law and labor law. For example the presumption of innocence, the principle that the suspect benefits from the suspicion, the principle of fair trial…
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Excerptums and Bibliography
[1] Kuçuradi İoanna, İnsan Haklarının Felsefi Temelleri, Türkiye Felsefe Kurumu Yayını, Ankara, 1982, (Felsefe ve İnsan hakları,s.49)
[2] Donnelly Jack., Teoride ve Uygulamada Evrensel İnsan Hakları (ç. Mustafa Erdoğan- Levent Korkut) Yetkin yayınları, Ankara, 1995,s.27
[3] KANT, Immanuel, Ahlâk Metafiziğinin Temellendirilmesi (çev. İ. Kuçuradi), Türkiye Felsefe Kurumu Yayınları, 2009, s. 53.
[4] CLAPHAM, Andrew, Human Rights Obligations of the Non-State Actors, 2006, s. 538.
- Ayşen SEYMEN ÇAKAR, “HUKUKİ BİR KAVRAM OLARAK İNSAN ONURU”, http://www.umut.org.tr/userfiles/files/Document/document_13.pdf
- Elias Davidsson, “THE CONCEPT OF HUMAN DIGNITY AND ECONOMIC SANCTIONS”,
- Elif ÇELİK, “İNSAN HAKLARI HUKUKUNDA İNSAN ONURUNUN YERİ VE ROLÜ THE PLACE- AND ROLE OF HUMAN DIGNITY IN HUMAN RIGHTS LAW”, Hacettepe HFD, 9(2) 2019, 282 – 310
- Hüsnü Öndül, “İnsan Onuru”, 8 Ağustos 2008, İnsan Hakları Derneği
- Kahan Onur ARSLAN, “İNSAN ONURU KAVRAMI VE KORUMA TEDBİRLERİ BAĞLAMINDA TEMEL BİR İLKE OLARAK İNSAN ONURUNUN KORUNMASI THE CONCEPT OF HUMAN DIGNITY AND THE PROTECTION OF THE HUMAN DIGNITY AS A BASIC PRINCIPLE OF MEASURES OF PRECAUTION”, TBB Dergisi 2015 (120)
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