Article 1 - Human Dignity
Definition
Human Dignity is inviolable. It must be respected and protected.
Legal Explanations
The dignity of the human person is not only a fundamental right in itself but constitutes the real basis of fundamental rights. The 1948 Universal Declaration of Human Rights enshrined this principle in its preamble: ‘Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world’.
It results that none of the rights laid down in this Charter may be used to harm the dignity of another person, and that the dignity of the human person is part of the substance of the rights laid down in this Charter. It must therefore be respected, even where a right is restricted.
http://www.eucharter.org/home.php?page_id=8
The right to dignity recognizes the intrinsic and equal worth of all human beings. As such, all persons are entitled to be treated as worthy of respect and concern. [1]
The concept of intrinsic worth captures the idea that each human life has value, independent of things like social status or economic productivity, etc. The idea of equal worth stresses that this value is the same in all human beings, regardless of their other characteristics such as sex, race, ethnic or social origin, age, disability and so on.
The principle of respect for human dignity has been the basis for all national [2] or international [3] human rights instruments, typically as part of the preamble or an objective. For instance, the Universal Declaration of Human Rights refers in its preamble to “inherent dignity” and to “the equal and inalienable rights of all members of the human family” [4]. The Charter, on the other hand, is one of the few texts that enshrines the principle of dignity in its first article.
Although dignity as a concept seems relatively straightforward, it’s less clear as a legal principle giving rise to specific obligations. Nonetheless, it is relevant to situations where individuals are subject to state treatment and control, e.g. conditions in prisons, psychiatric institutions, state housing, care homes for the elderly, immigration detention centres, etc. In general, any of the following conditions are considered to violate human dignity [5]:
1. torture;
2. abject destitution;
3. humiliating or degrading treatment; [6]
4. cruel and unusual punishment;
5. egregious discrimination on the basis of sex, race, etc; and
6. flagrant denials of fundamental rights; e.g. indefinite extra-judicial detention
http://www.eucharter.org/home.php?page_id=69
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Many TCs believe that it is possible to negotiate a Cyprus Solution based on numerous derogations of the EU Charter.
This is IMPOSSIBLE!
The EU Charter must be complied with, otherwise the solution will not respect the rights of the individual citizen as an EQUAL to all other citizens.
Article 1 of the EU Charter tells us that Human Dignity in inviolable. It must be respected and protected.
Any Cyprus solution that does not respect Human Dignity by institutionalizing discrimination on race, sex or religion within the constitution, is a violation of the EU Human Rights Charter. Firstly, I presume that the GCs will never accept such a solution. But let's say for argument sake that it is accepted by referendum. Then the newly created Cyprus Constitution will be a fundamental violation of EU Human Rights. This very constitution that discriminates and segregates the citizens based on race, will be in total contravention of the EU Charter, thus giving every single Cypriot Citizen the right to fight these illegalities or violations of HR by seeking a local remedy. Upon an unsatisfactory outcome, every Cypriot Citizen will be entitled to lodge their Case Vs Cyprus within the ECHR and ECJ.
This very charter also invalidates the current 1960 Cyprus Constitution as this very document breaks the EU Charter on HR by segregating Cypriot Citizen's on the basis of race. Political rights are afforded to racially defined communities thus making the document illegal.
This thread is the first of the EU Charter Series of topics that the Cyprus Solution must be based on!