Human Dignity [2614]

General Information

• Credits: 6 ECTS
• Prerequisites: Bachelor's or Licence level (or equivalent); proficiency in French
• Learning format: asynchronous distance learning – 100% e-learning
• Language of instruction: French
• Course access: available at any time of year
• Disability liaison officer: Cécile Boucherle

Course Overview

This course examines human dignity as a legal principle within the framework of the European Convention on Human Rights. Beginning with its philosophical and theological foundations, it analyses the gradual “juridicisation” of dignity after the Second World War and its incorporation into domestic and international law. Although the expression “human dignity” does not appear in the text of the ECHR itself, the course explores the grounds on which it may be regarded as a general principle of law. It draws in particular on comparative law, international case law, European Union law and the case law of the Strasbourg Court. Finally, it distinguishes between fundamental dignity, which is inherent in every human being, and “actualised” dignity, which relates to the concrete conditions in which that dignity is exercised, and examines the legal scope of their protection.

Course Objectives

This course enables you to:

• Understand the philosophical, theological and legal foundations of the notion of human dignity.
• Analyse the process by which respect for human dignity progressively asserted itself as a legal principle after the Second World War.
• Study the place of the principle of dignity in the ECHR, in European domestic law and in European and international case law.
• Understand the characterisation of respect for human dignity as a general principle of law, and distinguish between fundamental dignity and "actuated" dignity.

Course Competencies

This course is linked to the following competency:

• Analyse the philosophical and anthropological foundations of dignity and human rights

Course Outline

I. A General Principle of Law within the Framework of the ECHR: The Substantive Sources of the Principle of Respect for Human Dignity

• Section 1 – The Substantive Contributions of European Theology and Philosophy
• Section 2 – The Incomplete Contribution of Written International Law and the Preparatory Work on the UDHR and the ECHR 

II. A General Principle of Law within the Framework of the ECHR: The Formal Source of the Principle of Respect for Human Dignity — A General Principle of Law

• Section 3 – A General Principle of European Domestic Law
• Section 4 – From a Declaration of Principle to a General Principle of International Law

III. A Substantive Principle for Interpreting the ECHR: The Principle of Respect for Human Dignity as an Aim of Interpretation

• Section 5 – The Aim of Interpretation
• Section 6 – Respect for Human Dignity as a Substantive Principle of Interpretation 

IV. A Substantive Principle for Interpreting the ECHR: The Application of the Principle of Respect for Human Dignity under the ECHR

• Section 7 – The Application of the Principle of Respect for Fundamental Dignity
• Section 8 – The Application of the Principle of Respect for “Actualised” Dignity

Assessment Methods 

Course assessment is based on:

• tracking and completion of the course and of all learning activities. These activities, designed as essential practice and learning exercises, may be completed multiple times and are not factored into the final grade,
• the final assessment quiz, which constitutes the graded evaluation.

Learning Format

The course is taught entirely online via the MyDomuni platform, accessible 24/7.
Learning resources include:

• written course materials;
• supplementary documents and, depending on the content, video resources;
• interactive learning activities (quizzes, exercises);
• a discussion forum with the course instructor and fellow participants.

Prerequisites

This course is open to anyone holding a Bachelor's degree or Licence (or an equivalent qualification) in law, the humanities, social sciences, theology, or a related field connected to human rights, or with significant personal or academic experience related to the topics covered.

A good command of written French is recommended to facilitate understanding of the content and participation in the activities offered. 

Accessibility

The course is accessible at any time, from any internet-connected device, via the MyDomuni platform.
For students with disabilities, specific support can be arranged upon request to ensure equitable access to course content and activities.

Disability liaison officer: cecile.boucherle@domuni.eu. 

Selective Bibliography

• Gabriel Marcel, The Existential Background of Human Dignity, Cambridge (Mass.), Harvard University Press, 1963.
• Mireille Delmas-Marty, Towards a Truly Common Law: Europe as a Laboratory for Legal Pluralism, translated by Naomi Norberg, Cambridge, Cambridge University Press, 2002.
• Chaïm Perelman, Le Raisonnable et le déraisonnable en droit. Au-delà du positivisme juridique, Paris, LGDJ, coll. « Bibliothèque de philosophie du droit », 1984.
• Frédéric Sudre, Droit international et européen des droits de l’homme, Paris, Presses universitaires de France.
• Jacques Velu et Rusen Ergec, La Convention européenne des droits de l’homme, Bruxelles, Bruylant, 1990.