LJUDSKO DOSTOJANSTVO I PROBLEM NEPRIKOSNOVENOSTI U PRAVU
HUMAN DIGNITY AND THE PROBLEM OF UNANTASTBARKEIT.

THE BASES OF UNANTSATBARKEIT AND A RECENT APPROACH.

Summary/Abstract: Unantastbarkeit (die Unantasbarkeit ger. – „untouchableness“, inviolability) is a characteristic attributed to human dignity since the adoption of the German Basic Law. However, important bases of such guarantee are neither only legal, nor just related to the twentieth century. The first part of the paper delineates the presence of the characteristics similar to Unantastabarkeit in the history of the idea of human dignity, as well as its implementing (associated with the discussed feature) into law. Following this, the problem of Unantastbarkeit is presented as an inner tension of the concept of human dignity in law. There have been versatile attempts to interpret the meaning and the role of human dignity in law and at the same time to comprehensively address the problem of Unantastbarkeit. In recent years some of them emerged in different parts of the world, not only in Germany. In the second part of the paper, Waldron’s (Jeremy Waldron) understanding of human dignity as legal status is presented and discussed, particularly in the context of overcoming the mentioned tension of dignity in law.

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