Criminal protection of the right to human dignity: an analytical study

Abstract

Providing criminal protection for the right to human dignity is a vital part of the foundations and values ​​of criminal justice. Therefore, this research aims to explore the importance of the right to human dignity and how it contributes to enhancing the positive interaction between justice and moral values ​​in the legal system through the principle of equality, justice and freedom.                       

Criminal protection of the right to human dignity focuses on a set of legislation and laws that aim to protect human dignity from any attack through specific objective and procedural aspects. The objective aspects include criminalizing and punishing acts that directly or indirectly affect human dignity. These acts include crimes of torture and humiliation. Defamation, insults, human trafficking, slavery, forced labor, racial and religious discrimination, and sexual assault. As for the procedural aspects, they include legal mechanisms and means that ensure the effective implementation of these laws, such as judicial procedures for investigation and trial, guarantees of the rights of the accused, providing support and criminal protection for victims, as well as applying The penalties stipulated in the law are fair and equitable.

We have concluded that there is a difference between the principle of human dignity, which represents an ethical and philosophical concept, which refers to the value inherent in every human being by his mere existence, which is considered a basic principle of human rights, and the human right to dignity, and this right represents the individual who protects the full value of his human dignity, which is part of it. Human rights in international conventions and national laws include the rights not to be subjected to torture or to cruel and inhuman treatment and the right to receive equal and dignified treatment without discrimination. The principle of human dignity requires following ethical standards in dealing with others and ensuring their rights and human consideration.