Dignity as Theory: Competing Conceptions of Human Dignity at the Supreme Court of Canada
![handle is hein.journals/sasklr70 and id is 7 raw text is: SASKATCHEWAN
LAW REVIEW
Dignity as Theory: Competing
Conceptions of Human Dignity at the
Supreme Court of Canada
R. James Fyfe*
I. INTRODUCTION
The notion of human dignity has been given attention in a variety of
legal contexts, from international treaties1 and domestic constitutions,2
to tort law3 and modern conceptions of state sovereignty.4 Though
Crown Counsel, Constitutional Law Branch, Saskatchewan Department of Justice,
Regina. The views expressed do not represent the views of the Attorney General
for Saskatchewan or his Department.
1 The Preamble to the 1948 Universal Declaration of Human Rights opens with the
words: Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom,
justice and peace in the world. GA Res. 217(111), UN GAOR, 3d Sess., Supp. No.
13, UN Doc. A/810 (1948) 71. More specific international agreements have similar
provisions, such as the International Covenant on Economic, Social and Cultural
Rights, GA Res. 2200A(XXI), UN GAOR, 21st Sess., Supp. No. 16, UN Doc. A/6316,
(1966) 49, the International Covenant on Civil and Political Rights, GA Res.
2200A(XXI), UN GAOR, 21st Sess., Supp. No. 16, UN Doc. A/6316, (1966) 32, and
the International Convention on the Elimination of All Forms of Racial Discrimination,
GA Res. 2106(XX), UN GAOR, 20th Sess., Supp. No. 14, UN Doc. A/6014, (1965) 47.
2 Article 1 of the German Basic Law states Human dignity shall be inviolable. (See
Basic Law for the Federal Republic of Germany, online: IUSCOMP The Comparative
Law Society German Law Archive <http://www.iuscomp.org/gla/index.html>.)
Section 1A of the Israel's Basic Law reads The purpose of this Basic Law is to
protect human dignity and liberty. (See Israel Basic Law: Human Dignity and
Liberty, online: International Constitutional Law (ICL) <http://www.oefre.unibe.ch/
law/icl/is indx.html>.) The Constitution of the Republic of South Africa 1996, No.
108 of 1996 refers to dignity in the preambular language of s. 7, and dignity is also
the subject of a specific right in s. 10: Everyone has inherent dignity and the
right to have their dignity respected and protected.
3 See Denise G. Reaume, Indignities: Making a Place for Dignity in Modern Legal
Thought (2002) 28 Queen's L.J. 61 [Indignities]. For recent assessments of
dignity in the constitutional context see Denise G. Reaume, Discrimination and
Dignity (2003) 63 La. L. Rev. 645; Maxine D. Goodman, Human Dignity in
Supreme Court Constitutional Jurisprudence (2006) 84 Neb. L. Rev. 740.
4 See Judith Resnik and Julie Chi-hye Suk, Adding Insult to Injury: Questioning the
Role of Dignity in Conceptions of Sovereignty (2003) 55 Stan. L. Rev. 1921.](ViewImageLocal?handle=hein.journals/sasklr70&div=5&collection=&method=preview&ext=.png&size=3)
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Dignity as Theory: Competing Conceptions of Human Dignity at the Supreme Court of Canada
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