MODERN MODEL OF REALIZATION OF THE RIGHT TO HUMAN DIGNITY

Abstract

In the context of proving the relevance of the research topic, it was established that dignity as a legal category is a multidimensional phenomenon in today’s realities, since it, having an inexhaustible content, is an integral component of legal existence, while it can be understood as a natural good and value that is not limited exclusively by legal boundaries. In legal doctrine, human dignity can be interpreted as a right guaranteed by Article 28 of the Constitution of Ukraine, and which, in essence, is a criterion for the admissibility of possible restrictions on human rights and freedoms. Today, the issue of the right to dignity is a painful one for Ukrainian society and, given the full-scale invasion of the Russian Federation into Ukraine, requires a new understanding, in particular, the establishment of effective mechanisms for legal response to its violation. In the general theory of state and law, we can distinguish two mechanisms of the modern model of regulation of the right to human dignity: national and international. The national mechanism includes the prohibition of torture, cruel, inhuman or degrading treatment, etc. The Constitutional Court of Ukraine has repeatedly considered cases regarding human dignity and formed a legal position on the unconditional nature of this right. Considering today’s realities, we can rightly state the declarative nature of the above norms and the absence of an effective mechanism for ensuring the constitutional human right to dignity. In addition to the obvious impact of war, the human right to dignity faces other challenges, including corruption, abuse of power by officials, stigmatization of vulnerable groups, and so on. Judicial protection of the right to human dignity is a certain means of ensuring it, but it is not sufficient, and therefore this right requires expanding its protection on a practical level.