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The Dignity of Man Is Intangible
A Principle Enshrined in the German Constitution
The concept of human dignity is a cornerstone of the German legal system and is enshrined in the first article of the Basic Law for the Federal Republic of Germany (Grundgesetz): "The dignity of man is intangible. To respect and protect it is the duty of all state authority."
Unalienable and Absolute
Human dignity is considered inviolable and inherent to all individuals, regardless of their circumstances. It cannot be diminished or taken away, even in exceptional circumstances such as war or under martial law.
Obligation of the State
The state has a special obligation to protect and uphold human dignity. This duty extends to all branches of government, including the executive, legislative, and judiciary. The state must create laws and policies that promote human dignity and prevent its violation.
Source of Fundamental Rights
Human dignity is the basis for all other fundamental rights guaranteed by the German constitution. These include the right to life, personal liberty, freedom of expression, and equality before the law. Any infringement on these rights is considered a violation of human dignity.
Supremacy of Human Dignity
The articles of the German constitution that protect human dignity stand above all other German legal norms. This means that any law or regulation that conflicts with the principles of human dignity is invalid.
International Implications
The principle of human dignity is recognized by international law and has been incorporated into numerous treaties and declarations, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
In conclusion, the dignity of man is a fundamental and inviolable principle that serves as the foundation for the German legal system and the cornerstone of human rights. The state has a special obligation to protect human dignity, which is the source of all other fundamental rights.
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