Protection of human dignity
Germany has many different faces. Different genders, different ages, different origins, different languages, different religions and world views, different cultural affiliations. This is what makes Germany so special, diverse, cosmopolitan, economically strong and sustainable.
Every single one of us who lives, works and contributes to society in this country is unique, worthy and valuable, simply human.
As Immanuel Kant explained to us, everything has a value, but a person has dignity; what has dignity is always valuable; a person is always valuable.
Human dignity means that every person is valuable because they are human. And all people are valuable because they have dignity.
Article 1 of the Basic Law for the Federal Republic of Germany reads:
“Human dignity is inviolable. It is the duty of all state authorities to respect and protect it.”
Article 1 of the Basic Law protects human dignity.
The protection of human dignity is a classic defensive right. This means that all actions that impair human dignity are prohibited. The dignity of each individual person must not be violated under any circumstances.
However, fundamental rights also protect people from the state. That is why everyone who works for the state must protect the dignity of all people,
- no matter what country they come from,
- no matter what religion they are,
- whether they are women or men,
- no matter how old they are,
- regardless of whether they have a disability.
In personal terms, the scope of protection of human dignity initially includes everyone, i.e. all people living in Germany who are within the scope of the Basic Law. The Federal Constitutional Court has described the scope of protection of human dignity as follows: Every person possesses dignity as a person regardless of his or her characteristics, physical or mental condition, achievements and social status.
The state may not violate anyone’s fundamental rights. Anyone who believes that the state is violating their fundamental rights can file a complaint with a court. The court will then examine whether the state has violated fundamental rights.
The protection of human dignity enshrined in Article 1 I of the Basic Law does not take first place in the Basic Law of the Federal Republic of Germany for no reason. In fact, the protection of human dignity plays such a prominent role and is so important that it is the overriding principle of all fundamental rights and has an indirect effect on them.
As the supreme good of the constitution and the highest legal value in Germany, the protection of human dignity has a special status, so that it may not be affected in any way. Due to its importance, it is also subject to the eternity clause in accordance with Article 79 III of the Basic Law. This means that Article 1 I of the Basic Law can never be repealed. The protection of human dignity is “eternal”, i.e. it is effective as long as the Basic Law applies to the Federal Republic of Germany.
The protection of human dignity has two functions. On the one hand, it serves as a right of defence against violating state measures, i.e. it is directly directed against the state; on the other hand, however, it also serves to protect against violations by third parties, whereby a right to protection is granted by the state.
In conjunction with the welfare state principle of Article 20 I, Article 1 I of the Basic Law also gives rise to a right to benefits from the state to guarantee a minimum subsistence level.
BVerfGE 49, 286 = 1 BvR 16/72
Art. 1 para. 1 GG protects the dignity of man as he understands himself in his individuality and becomes aware of himself. This includes the right to dispose of oneself and to shape one’s own destiny.
BVerfGE 30, 173 = 1 BvR 435/68
Human dignity is linked to a person’s personality and the resulting claim to respect. Therefore, human dignity does not expire with death.
BVerfGE 125, 175 = 1 BvL 1, 3, 4/09
Human dignity in conjunction with the principle of the welfare state (Article 20 (1) of the Basic Law) guarantees every person in need of assistance the material conditions that are essential for their physical existence and for a minimum level of participation in social, cultural and political life.
BVerfGE 109, 279 = 1 BvR 2378/98, 1084/99
An amendment to the Basic Law that affects human dignity is unconstitutional. The protection of human dignity is also concretized in individual fundamental rights. The inviolability of the home (Article 13 of the Basic Law) is closely related to human dignity. Acoustic surveillance of the home for law enforcement purposes violates human dignity if the core area of private life is not respected.
BVerfGE 140, 317 = 2 BvR 2735/14
The Federal Republic of Germany may not participate in a violation of human dignity by other states or facilitate this (e.g. through extradition).
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