A/HRC/22/71
12.
In paragraph 38 of the Vienna Declaration and Programme of Action, the World
Conference on Human Rights stressed the importance of working towards the elimination
of the harmful effects of certain traditional or customary practices, cultural prejudices and
religious extremism, and emphasized that, “while the significance of national and regional
particularities and various historical, cultural and religious backgrounds must be borne in
mind, it is the duty of States, regardless of their political, economic and cultural systems, to
promote and protect all human rights and fundamental freedoms.” 6 The preamble to the
Convention on the Elimination of All Forms of Discrimination against Women affirms that
“a change in the traditional role of men as well as the role of women in society and in the
family is needed to achieve full equality between men and women.” The Human Rights
Council, in its resolution 16/3, in which it mandated the present study, similarly stressed
that traditions should not be invoked to justify harmful practices violating universal human
rights norms and standards.
B.
Dignity
13.
Since ancient times, the definition of dignity has been a concern in many cultures,
and has developed in several historical phases. For example, during the Renaissance, it was
formulated to encompass three ideals: the right to dissent; respect for cultural and religious
diversity; and the right to growth and enrichment of life. 7 Although there has always been a
connection between the notion of dignity and the legal comprehension of human rights,8 the
concept has been further developed in modern times. In human rights law, dignity is an
inherent aspect of being human. It is directly linked with the concept of equality and of
each human being as worthy of respect.
14.
Dignity is first mentioned at the beginning of the Charter of the United Nations:
“We the peoples of the United Nations determined to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, in the equal rights of men and women
and of nations large and small…” The preamble to the Universal Declaration of Human
Rights states, “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.” Article 1 of the Universal Declaration provides that “all human beings are
born free and equal in dignity and rights.”
15.
Subsequent instruments, including the International Convention on the Elimination
of All Forms of Racial Discrimination, the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Elimination of Discrimination against Women, the Convention on the
Rights of the Child and the Vienna Declaration and Programme of Action, refer to these
statements. The preambles to both the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights state that “these
rights derive from the inherent dignity of the human person”. In these uses of the word
6
7
8
A/CONF.157/23, part II, para. 38, and part I, para. 5.
Pico della Mirandola, Giovanni, Oration on the Dignity of Man (De hominis dignitate). See also El
derecho a ser hombre, antologia preparada bajo la coordinancion de Jeanne Hersch. Ediciones
Sigueme, UNESCO, Colsubisidio. Salamanca, Paris, Bogotá.1973.
Habermas, Jürgen. “The concept of human dignity and the realistic utopia of human rights”,
Metaphilosophy, vol. 41, No. 4, July 2010, pp. 464-480.
5
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