Legal Transformation of Human Dignity
Human dignity is a complex legal category with large percentage of non-legal nature. Moral and ethic norms are a core stone of human dignity making the dignity concept extremely flexible. This can be seen in biomedical sphere and in the latest challenges of biotechnologies where people have become active users of their somatic rights. Comprehensive understanding of human dignity concept is a matter of understanding the limits of enjoyment of somatic human rights which are currently in focus of biotechnological achievements. With this respect the international principle of inherent dignity should be the key principle of national rule of law and legislation. Intense national debate about human dignity focuses on various cultural and historical traditions and should not reduce the international understanding and international guaranties of human dignity protection. This paper reviews legal transformation of the issue of human dignity and the essence of this category in the light of biomedical breakthrough. The discussion will turn to human dignity as it is understood in international law, domestic constitutional law of foreign countries and constitutional doctrine. Starting with the analysis of various approaches of stipulation of dignity at international and domestic level, the paper indicated the risk of setback to the achievements in reaching international consensus of inherent dignity. The author overviews the most important constitutional amendments focused on human dignity as a key concept of legal system in foreign countries after adoption the Oviedo Convention. Based on the analysis of the practice of the Constitutional Court of the Russian Federation and separate opinions of its judges in the sphere of surrogacy motherhood and organ donation the author makes the conclusion about the interdisciplinary transformation process of the human dignity concept and its nature.