Abstract
This chapter challenges the conventional narrative that dignity is not an important or pervasive feature of the law of Great Britain and Northern Ireland. It begins by locating human dignity in the case law on Article 3 and Article 8 of the Human Rights Act 1998 in order to explore the meaning that human dignity has been given by judges. Whilst accepting that no singular definition has been constructed around a theoretical premise, this chapter argues that dignity is related to the idea of the equal worth of each human being who is due respect as an integrated, multidimensional whole. It then proceeds to map the uses of human dignity in the law of Great Britain and Northern Ireland across a wide range of legal fields and in relation to adjudication, legislation, and regulation. In doing so, this chapter provides the most detailed and systematic account of the uses of human dignity in the law of Great Britain and Northern Ireland. It argues that both the wide reach of dignity and the key role it plays in many hard cases make it a core value of the law of the United Kingdom.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Similar content being viewed by others
References
Allan T (2001) Constitutional justice: a liberal theory of the rule of law. Oxford University Press, Oxford
Baker D (2016) The right not to be criminalized: demarcating criminal law’s authority. Routledge, Oxford
Bates J (2005) Human dignity – an empty phrase in search of meaning? JR 2:165
Beyleveld D, Brownsword R (2001) Human dignity in bioethics and biolaw. Oxford University Press, Oxford
Biggs H (2007) “Taking account of the views of the patient”, but only if the clinician (and the court) agrees! Child Fam Law Q 19(2):225
Carr H (2012) Rational men and difficult women – R (on the application of McDonald) v. Royal Borough of Kensington and Chelsea [2011] UKSC 33. J Soc Welf Fam Law 34(4):219
Clements L (2011) Disability, dignity and the Cri de Coeur. EHRLR 6(6):675
Cohn M, Grimm D (2013) Human dignity as a constitutional doctrine. In: Tushnet M (ed) Routledge handbook of constitutional law. Routledge, Abingdon
Department for Education (2015) Children act 1989 guidance & regulation: volume 2: care placement, planning & case review. DCSF, London
Douglas B (2015) Undignified rights: the importance of a basis in dignity for the possession of human rights in the United Kingdom. Public Law 2:241–257
Duff RA (2001) Harms and wrongs. Buffalo Crim Law Rev 5:13
Dupré C (2006) Human dignity and the withdrawal of medical treatment: missed opportunity? EHRLR 6:678
Dupré C (2012) Dignity, democracy and civilisation. Liverpool Law Rev 33:263
Dupré (2016) The Age of dignity: human rights and constitutionalism in Europe. Hart, Oxford
Edwards R, Billings P (2006) R. (Adam, Limbuela and Tesema) v Secretary of State for the Home Department – a case of “mountainish inhumanity”? J Soc Secur Law 3:169
Elliston S (2007) The best interests of the child in healthcare. Routledge, New York
Feldman D (1997) The developing scope of article 8 of the European Convention on Human Rights. EHRLR 3(3):265
Feldman D (2000) Human dignity as a legal value: part 2. PL 61
Feldman D (2002) Civil liberties and human rights in England and Wales. OUP, Oxford
Foster C (2011) Human dignity in bioethics and law. Hart, Oxford
Gearty C (2004) Principles of human rights adjudication. OUP, Oxford
Gillon R (2004) Why the GMC is right to appeal over life prolonging treatment British Medical Journal 329:810
Hale B (2009) Dignity. J Soc Welf Fam Law 31:101
Hale B (2010) Dignity (Ethel Benjamin Commemorative Address, New Zealand)
Herring J (2014) Best interests and dementia. In: Foster C et al (ed) The law and ethics of dementia. Bloomsbury, Oxford
Lunney M (2004) A right old mess: Rees v Darlington health authority [2003] 3 WLR 1091 UNELawJ 6
Mason JK, Laurie GT (2005) Personal autonomy and the right to treatment: a note on R (on the application of Burke) v Gen Med. Edinb Law Rev 9(1):123
Moon G, Allen R (2006) Dignity discourse in discrimination law: a better route to equality? EHRLR 6:610
Murphy J (2010) The nature and domain of aggravated damages. Camb Law J 69:353
National Council for Independent Monitoring Boards (2010) ‘Slopping out?’ A report on the lack of in-cell sanitation in Her Majesty’s prisons in England and Wales
Pattinson S (2015) R (on the Application of Burke) v General Medical Council [2004]; Burke v United Kingdom [2006]: contemporaneous and advance requests: The fight for rights at the end of life. In: Herring J, Wall J (eds) Landmark cases in medical law. Hart, Oxford
Priaulx N (2007) The harm paradox: tort law and the unwanted child in an era of choice. Routledge Publishing, Abingdon
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 Springer Nature Switzerland AG
About this entry
Cite this entry
Bedford, D. (2019). Human Dignity in Great Britain and Northern Ireland. In: Becchi, P., Mathis, K. (eds) Handbook of Human Dignity in Europe. Springer, Cham. https://doi.org/10.1007/978-3-319-28082-0_15
Download citation
DOI: https://doi.org/10.1007/978-3-319-28082-0_15
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-28081-3
Online ISBN: 978-3-319-28082-0
eBook Packages: Law and CriminologyReference Module Humanities and Social SciencesReference Module Business, Economics and Social Sciences