Kanári a szénbányában. Az emberi méltóság státusznormatív funkciója a csoportsérelmeknél
Canary in the coal mine. The status-normative function of human dignity in group grievances

Summary/Abstract: This study examines the status-normative function of human dignity in the constitutional limits of freedom of expression, with particular attention to cases involving group-related harm. It proceeds from the premise that dignity is not merely an individual fundamental right but a structural precondition of democratic public discourse. The 'canary in the coal mine' metaphor functions as a normative model sig- nalling when public discourse begins to shift toward exclusion, subordination, or dehumanisation. The analysis is built around the concept of status degradation: the legally relevant harm lies not in individual offence but in the objective undermining of equal social status. To capture this, the study introduces the construct of the 'typical member of the group', which makes it possible to interpret group-referential harm as an injury to individual dignity without recognising collective legal subjectivity. An analysis of Hungarian constitutional jurisprudence suggests that this logic is already implicitly present, as the assessment focuses on the status-degrading potential, intensity, and context of the expression. The study operationalises this approach through a 'poisoning threshold' test that emphasises graduality and proportionality. The case law of the European Court of Human Rights provides parallel support by conceptualising the harm of hate speech in terms of social status. The study concludes that a status-normative understanding of dignity should not be seen as the counterpart of freedom of expression but as a condition for its long-term sustainability.

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