Sur. Revista Internacional de Direitos Humanos
Print version ISSN 1806-6445
BOHORQUEZ MONSALVE, Viviana and AGUIRRE ROMAN, Javier. Tensions of human dignity: conceptualization and application to international human rights law. Sur, Rev. int. direitos human. [online]. 2009, vol.6, n.11, pp. 40-63. ISSN 1806-6445. http://dx.doi.org/10.1590/S1806-64452009000200003.
This article is the result of the research conducted on "Human Dignity: Philosophical conceptualization and the implementation of law" promoted by the POLITEIA Research Group from the School of Philosophy at the Universidad Industrial de Santander, classified as category B by COLCIENCIAS. This text formulates a three-strand conceptual reconstruction of the concept of human dignity: i) the tension between its natural and artificial character (either consensual or positive), ii) the tension between its abstract and concrete character, and iii) the tension between its universal and individual character. First, the main theoretical elements of these tensions are outlined. After that, the tensions are illustrated using four Instruments of International Human Rights Law and five trials by the Inter-American Court of Human Rights. Finally, conclusions regarding the tensions are presented.
Keywords : Human dignity; Conceptual tensions; International human rights instruments; Jurisprudence; Inter-American Court of Human Rights.