human dignity - Basic introduction for university students

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1. UNIVERSITY OF ST. THOMAS OF MOZAMBIQUE BUSINESS SCHOOL BACHELOR OF BUSINESS MANAGEMENT     HUMAN DIGNITY AND HUMAN RIGHTS – NOTES -

2. CONTENTS   1- Fundamental ethics and moral 2- The dignity of the human person 3- Concept of Human Rights 4- Generations of fundamental rights 5- Fundamental rights in the Mozambican Constitution.

3. MAIN OBJECTIVE OF THIS SUBJECT To lead students to discuss the concepts of law, duty, human rights and fundamental rights and duties, to get to know and discuss the dimensions of human rights, to recognize that life is the base of all rights,

4. -- and to discuss the issue of human rights starting from the 1948 Declaration, bringing this issue to the Mozambican context; and to discuss the Mozambican experience of living and respecting human rights as enshrined in the Constitution (fundamental rights).

5. INTRODUCTION How many times do we hear people complain saying that: Our rights are not been respected. We are not been treated as human been. We hear about constant violation of women rights. We hear prisoners saying that they are being mistreated.

6. -- Sometimes we hear that somewhere the albinos were killed like chickens. Sometimes maybe because of our poverty, those who are rich mess treat poor like are less human been. Some couples' fights end up with wives burning their husbands with hot cooking oil, and some husbands strike their wives like they are killing snack.

7. -- Some of our students start smoking and drinking in Primary or Secondary school. Some teachers seduce the female students promising them to pass through a class or school year. Politically, we see some politicians eliminating those who think differently. The laws themselves sometimes give more weight to the punishment of citizens than to their education.

8. -- Often, the citizen who goes to the hospital or health post, instead of receiving human assistance, complains about the poor service provided by professionals in these health units. There are often complaints of mistreatment of the "minor" worker in private companies, they suffers with insults and more. The computers man, sometime steal a large amount of money in the banks or invent fake programs in order to deceive people.

9. -- SO WE ASK, UP TO WHICH POINT THE DIGNITY OF HUMAN PERSON AND THE HUMAN RIGHTS ARE RESPECTED TODAY.

10. IN BRIEF Ethics appears as response to the concern of educating our children, our youth and even to us adults, in how to behave in a society that we want to see it healthy. At the center of Ethics is a human being - there is the formation of man's conscience - the orientation of man's behavior . We are trained in Ethics for good coexistence, for peace, respect, reconciliation, fraternal life and in order to avoid doing evils things.

11. DIALOGUE Define human dignity and share with us your opinion, - Do you think that the dignity of human person and human rights are they being respected or no in Mozambique?

12. WHAT YOU SUPPOSE TO KNOW JUST NOW IS THAT: The dignity of the Human Person, according to Ingo Wolfang Sarlet , is defined as the intrinsic and distinctive quality of each human being that makes him worthy of the same respect and consideration by the State and the Community.

13. -- Human dignity is something that every person has for the simple fact of being a human being, it is connatural to human nature. It's not something we can "give" or not to someone.

14. -- At the most, we can recognize or not the human dignity of the other, but it always exists and does not depend on our opinion about it. It does not depend either on the will of the person involved or on the awareness that they have their own dignity, because no one can stop being human, even if they want to.

15. I- FUNDAMENTAL ETHICS ETHICS AND MORAL Ethics: is the discipline that teaches us the basic rules of conduct accepted in a precise field of human activity. It teaches us the way how we should behave in society that we want to see it healthy.

16. -- The object of reflection of Fundamental Ethics is the human behavior. Ethics ( ethikos , in Greek) - in a general sense, is concerned with the principles of morality. Ethics is the science of what is good, what is right or fair.

17. Moral Moral (mores, in Latin) - refers to the rules and standards of practical conduct, as well as models of conduct or behavior accepted in a social group. Morality also refers to the concrete life of people in relation to norms and models of behavior. Ex: A moral man = is who has good habits. Moral is the science that teaches the rules to be followed in order to do good and avoid evil.

18. 1.2- Relation between Ethics and Morals The concept of ethics is always treated in relation to that of moral, as they have the same content in common. The etymology of the two words shows that there is a close relationship between them. Ethics, from the Greek ( ethos) , means habit or custom; and Moral, from the Latin ( mores) , also means customs.

19. DESTINCTION BETWEEN ETHICS AND MORAL If some scholars claim that Ethics and Morals are the same thing, as they all concern customs and both deal with theoretical issues as well as practical aspects of human action. Other scholars go further by separating one from the other. The point of view of these ones is that, while morality studies contextualized customs, ethics looks at habit and costume in universal context.

20. -- Morals have always existed, as human beings have the moral conscience that leads them to distinguish the good from evil in the context in which they live. Moral is limited to the study of customs and the variant of relationships. Ethics as an object of reflection, as we are now dealing with, emerged with Socrates (470-399 BC). She investigates and explains the moral norms. Ethics is a philosophical discipline, it has critical thinking.

21. Human Acts and Man’s Acts HUMAN ACTS Human Acts are actions performed freely, consciously, deliberately and voluntarily; actions that affect the person himself, other people, or certain social groups or even a society as a whole. An act is human when the person's human faculties intervene. Act performed with self-awareness.

22. -- Acts propers to rational beings. Those acts that can be classified as good or bad. The human act is the basis and condition for an ethical action. An action is ethical (moral) when it is carried out voluntarily with knowledge of its relationship with ethical values ​​and norms.

23. -- ACTS OF MAN Man's acts are those performed in unconscious and involuntary way. Those are acts which the human will does not enter or its freedom does not come into play.

24. -- The acts of man are part of human being as an animal; they include the automatic, physiological and biological processes and spontaneous reactions over which the human person has no control and they often take place without ourselves being aware of them. Therefore, they lack moral judgment.

25. FACTORS THAT DETERMINE THE MORALITY OF THE HUMAN ACT The main factors that determine the morality of human act can be classified into three groups: - The object, - The circumstances - and the motive

26. -- THE OBJECT The object of the action is what the agent does. The object chosen, which the will deliberately tends. Usually, people deliberate (think) before acting. Then they decide to carry out that action (will). Finally they perform the action (freedom).

27. -- These three elements are the objects of our acts: deliberations, decisions, executions. Therefore, there cannot be a moral act without an object, as this determines the type of action that the person performs (eating, walking, studying, talking, etc.).

28. -- THE CIRCUMSTANCES Circumstances are elements or characteristics that are part of the action. Circumstances can increase as well as diminish the goodness or malice of human acts and, consequently, the responsibility of the agent, for example, acting out of fear.

29. -- Some circumstances accompany the action accidentally. while others accompany the action as an essential condition.

30. -- THE MOTIVE The motive is the end or objective by which the agent's will is moved to act. When we consciously and freely decide to do something, it is because, in one way or another, we like the end or goal we hope to achieve through that action.

31. -- But a good intention, such as helping others, does not make a behavior that is disorderly in itself good or fair, such as lying.

32. -- Kant says that the end does not justify the means. Thus, the condemnation of an innocent cannot be justified as a legitimate means of saving the people. On the contrary, a bad intention adds or makes bad the act that in itself can be good. That is why you cannot justify a bad action done with good intentions, because the end does not justify the means.

33. II. THE DIGNITY OF THE HUMAN PERSON Dignity is a word that derives from the Latin " dignitate " which serves to designate that person who is worthy, who acts with decency, integrity and honesty. Dignity in the Oxford English Dictionary is the quality of being worthy or honorable, worthiness, worth, nobleness, excellence…

34. -- Dignity is not something that is measured by skin color, gender, sexual orientation, religion, ethnicity or social class. We are all human beings and we must be respected for that.

35. -- NB: Human dignity is something that every person has for the simple fact of being a human being, it is connatural to human nature. It's not something we can "give" or not to someone.

36. -- At the most, we can recognize or not the human dignity of the other, but it always exists and does not depend on our opinion about it.

37. Cont. Dignity of the Human Person, according to Ingo Wolfang Sarlet , as we talked about already, is defined as the intrinsic and distinctive quality of each human being that makes him worthy of the same respect and consideration by the State and the Community.

38. -- CONCEPTIONS OF DIGNITY IN HISTORY

39. -- Throughout the history of ideas, several conceptions of dignity have been developed: CLASSICAL CONCEPTION RELIGIOUS CONCEPTION MODERN CONCEPTION MORAL CONCEPTION THE CONTEMPORARY INTERNATIONAL LAW CONCEPTION

40. The classical conception In this conception dignity was understood as the deserving of honor and esteem. In the Roman World dignity was understood as an attribute of worthies. Worth person was a distinguished and eminent person; a famous man or woman.

41. -- In ancient Greek philosophy, especially in Aristotle, dignity was associated with the human capacity for deliberation, self-awareness and free decision-making. In Aristotelian sense dignity was seen as a virtue (habit or disposition that realizes the potential for excellence; what gives one worth and demanded respect). Remember that,

42. -- Dignity in Latin usage, refers especially to that aspect of virtue or excellence that makes one worthy of honor. Dignity, in that time, was specially connected with public appearance on formal office and informal social and political standing. It’s why Cicero, regularly uses dignity to refer to public office or social standing.

43. Religious conception : It’s considered that human dignity is pre-established by the fact that human beings are created in the image and likeness of God, those who have a weak body or soul have the same dignity as those who are strong and resistant. The view of theologian is that: the dignity of the human person is founded in three fundamental points:

44. -- a) Since creation: They say that the dignity of the human person is rooted in the notion of creation in the image and likeness of God. Therefore, before God, each individual represents the dignity of the human race.

45. -- b) Since the incarnation: The fact that God took on the human body (human reality) reveals how much value this body has before God. In other words: through the incarnation, God shares with us our human nature. c) Since the resurrection: The resurrection of Jesus reveals the deification of human nature, because, through the resurrection, the human body is glorified, it is deified.

46. -- In fact, if, through the incarnation, God shares with us our human nature, already through the resurrection and outpouring of the Holy Spirit, he allows us to share his divine nature with him, making us his fellow citizens (Eph 2:19).

47. -- Creation, incarnation and resurrection (glorification or deification) are three fundamental theological events that show how much human nature is cherished and valued by God. We are not worth what we do for God, but what we are before Him.

48. -- The theological view says that the deepest motivation for the dignity of the human person is in the revelation offered by the incarnate Word. Jesus came to reveal that the Father loves all human beings regardless of their social conditions (cf. Mt 16,26; Lk 12,23).

49. -- Man achieves this dignity when freeing himself from the slavery of passions, tends towards the end by the free choice of the good and seeks seriously and with diligent initiative the convenient means (GS n. 17).

50. Modern (philosophy) conception Modern philosophy has proposed a secular conception of human dignity. According to Mounir , philosophy is capable of grounding the dignity of the human person without the need to resort to elements of Christian theology.

51. -- Kant, had already claimed that dignity is an intrinsic attribute of the human person, everybody has value as rational being regardless of how this human being behaves, so that not even an unworthy behavior prevent the person to have his fundamentals rights and their inherent dignity respected.

52. -- Human dignity accompanies the human being until death, for being the essence of the human nature. It is for this reason that dignity does not allow any discrimination. To substantiate this view, a few statements of Kantian philosophy are enough:

53. -- "Act in such a way that you consider humanity, both in your person and in the person of anyone else, always and simultaneously as an end and never simply as a means" , said Kant. He affirmed that because the man is not a thing, he is not an object that can be treated simply as a means, but must, in all his actions, always be considered as an end in itself.

54. -- The Kantian claim is against the conception of St. Thomas of Aquinas who, in the Summa Theologica , II.II., q. 64, art. III. ad.3, justifies the death penalty, saying that man, by delinquency, decays ( decidit ) from human dignity and falls ( cadit ) in the condition of beast.

55. -- NB: Kant, said that human dignity is a universal virtue with unconditional and incomparable value and it is determined by its own autonomy, rather than the origin of person, possessions or social status.

56. MORAL CONCEPTION Here again we look on what Kant said. For him human dignity is not just an anthropological category, but also expresses an ethical content; that is, the category of human dignity raises ethical demands, because the person is essentially moral.

57. -- Miller King said that: "What saddens him is not the wickedness of the bad, but the silence of the good ones, meaning those who do not react”. In the same line, B. Brecht emphasized the above sentence saying in the first person that : once, they came and arrested the Jews (but I didn't do anything because I wasn't Jewish);

58. -- They came and arrested the communists (but I didn't do anything because I wasn't a communist); They came and arrested the union members (but I didn't do anything because I wasn't a union member); The priests (but I didn't do anything because I wasn't a priest); (...); To me (...) and there was no one else to defend me.

59. -- The above statement teaches us, that when we don’t respect the dignity of others, one day no one will come to help us when we are in need. Dignity does not refer to an abstract nature, but to concrete beings. Dignity concerns historical and concrete beings. Every human being is a person for being a unique and irreplaceable individual.

60. -- In this sense, it has value in itself, that is, it enjoys dignity. Dignity does not admit privileges in its primary meaning. It is not a bestowed attribute, but an inherent quality as a human being; it is an ethical “a priori” and is common to all human beings.

61. -- In its practical meaning, the ethical category of dignity has a preferential orientation for those whose human dignity is disfigured or diminished in its expression. In this sense, it helps, on the one hand, to correct possible reductionisms to which human beings may be subjected; on the other, to guide action towards the goal of humanization.

62. THE CONTEMPORARY INTERNATIONAL LAW CONCEPTION It has been said that after World War II, came a filing of writing to all people and governments few norms in order to guarantee the dignity of every human being and for the safeguarding of peace in the world. The concept of law (norm) is linked to the concept of justice. If justice is giving each one his due. Law is what make each one receiving all that is due.

63. -- Here we are talking about the UDHR. According to the Universal Declaration of Human Rights of 1948, article 1, "all human beings are born free and equal in dignity and rights, are endowed with reason and conscience and must act in relation to one another in a spirit of brotherhood".

64. -- The UN considered the Universal Declaration of Human Rights as an important conclusion of the contemporary world, because it indicates the evolution of human's consciousness in our time. We can say that the study of Dignity of Human Person is a result of what happened in de WW I and II. The missing of ethical thinking cause the world's ethical indignation. The horrors of the two great world wars and other despicable situations show clearly how the world was in lack of moral values.

65. -- The contemporary international law is linked to Universal Declaration of Human Rights, and to secular view and emphasize that the dignity is innate and it should be so evident for everyone. We suppose to know that people are born free and equal with dignity and rights, dignity is not a matter of merit, it does not depend on the social situation, race, skin color, sex, religion or other things like that.

66. In summary Something has dignity when it is priceless, or, in other words, when it cannot be exchanged for something equivalent. And like that the person has dignity because he is priceless. He has value, and cannot be used as a means for someone else to reach or achieve whatever he want.

67. -- 2. Dignity does not refer to an abstract nature, but to concrete beings. Dignity concerns historical and concrete beings. Every human being is a person for being a unique and irreplaceable individual. 3. Dignity is not an attribute, but an inherent quality to all human being - it is an ethical “a priori” quality to all humans.

68. -- HUMAN RIGHTS

69. Article 1 Free and equal All human beings are born free and equal and should be treated the same way. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

70. Article 2 Freedom from discrimination Everyone can claim their rights regardless of sex, race, language, religion, social standing, etc. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour , sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

71. -- Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

72. Article 3 Right to life Everyone has the right to life and to live in freedom and safety. Everyone has the right to life, liberty and security of person.

73. Article 4 Freedom from slavery No one has the right to treat you as a slave nor should you enslave anyone. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

74. Article 5 Freedom from torture No one has the right to torture you. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

75. Article 6 Right to recognition before the law You should be legally protected in the same way everywhere like anyone else. Everyone has the right to recognition everywhere as a person before the law.

76. Article 7 Right to equality before the law The law is the same for everyone and should be applied in the same manner to all. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

77. Article 8 Access to justice   You have the right to obtain legal help and access the justice system when your rights are not respected. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

78. Article 9 Freedom from arbitrary detention No one can arrest or detain you arbitrarily , or send you away from your country unjustly. No one shall be subjected to arbitrary arrest, detention or exile.

79. Article 10 Right to a fair trial Trials should be public and tried in a fair manner by an impartial and independent tribunal. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

80. Article 11 Presumption of innocence You are considered innocent until it can be proved you are guilty according to law. If accused of a crime you have the right to a defence . 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence . 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

81. Article 12 Right to privacy You have the right to protection if someone tried to harm your good name, enter your home without permission or interfere with your correspondence. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

82. Article 13 Freedom of movement You have the right to leave or move within your own country and you should be able to return. 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country.

83. Article 14 Right to asylum If you are persecuted at home, you have the right to seek protection in another country. 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

84. Article 15 Right to nationality You have the right to belong to a country and have a nationality. 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.

85. Article 16 Right to marriage and to found a family Men and women have the right to marry when they are legally able without limits due to race, nationality or religion. Families should be protected by the Government and the justice system. 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.

86. Article 17 Right to own property You have the right to own things. No one has the right to illegally take them from you. 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

87. Article 18 Freedom of religion or belief Everyone has the right to freely manifest their religion, to change it and to practice it alone or with others. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

88. Article 19 Freedom of Expression Everyone has the right to think and say what they like and no one should forbid it. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek receive and impart information and ideas though any media and regardless of frontiers.

89. Article 20 Freedom of assembly You have the right to organize and participate in peaceful meetings. 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.

90. Article 21 Right to partake in public affairs  Everyone has the right to take part in their country’s political affairs and equal access to public service. Governments should be voted for regularly. 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secrete vote or by equivalent free voting procedures.

91. Article 22 Right to social security Society should help individuals to freely develop and make the most of all advantages offered in their country. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

92. Article 23 Right to work Everyone has the right to work in just and favourable conditions and be free to choose your work with a salary that allows you to live and support family. Everyone should receive equal pay for equal work. 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

93. -- 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.

94. Article 24 Right to leisure and rest Each work day should not be too long and everyone has the right to rest and take regular paid holidays. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.

95. Article 25 Right to adequate standard of living You have the right to have what you need so that you and your family do not go hungry, homeless or fall ill. 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including foods, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

96. -- 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

97. Article 26 Right to education You have the right to go to school, continue your studies as far as you wish and learn regardless of race, religion or country of origin. 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

98. -- 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children.

99. Article 27 Right to take part in cultural, artistic and scientific life You have the right to share the benefits of your community’s culture, arts and sciences. 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

100. Article 28 Right to a free and fair world To make sure your rights are respected, there must be an order that can protect them. This order should be global. Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

101. Article 29 Duty to your community   You have duties toward the community within which your personality can fully develop. The law should guarantee human rights. It should allow everyone to respect others and to be respected. 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

102. Article 30 Rights are inalienable No one, institution nor individual, should act in any way to destroy the rights enshrined in the UDHR. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

103. -- NB: I will respect your rights regardless of who you are. I will uphold your rights even when I disagree with you When anyone’s human rights are denied, everyone's rights are undermined, so I will  STAND UP I will raise my voice. I will take action. I will use my rights to stand up for your rights.

104. Distinction between Fundamental Rights and Human Rights Human rights are rights accepted as valid by all humanity, those based on the principle of inviolability, timeless and universal nature of the human person(for all peoples and all times). These rights derive from the nature of the human person, they are part of the essence of Humanity.

105. == Human rights are, therefore, basic rights of all human beings. They are civil and political rights as they enter into the sphere of human being's civil and political life. Example: right to life, private property, freedom of expression, formal equality, etc.

106. -- Fundamental Rights The universal encyclopedia define them as the rights that are recognized and affirmed in the sphere of the positive constitutional law of a certain State (= positive law of the State). Fundamental human rights are those rights that the State guarantees to its citizens through the Constitution.

107. -- Fundamental rights are part of the so-called objective law, as they are set of general and abstract rules intended to order life in society. Fundamental Rights are also part of the meaning of subjective law, which it can be presented in two aspects: a) Subjective right itself (faculty to demand something from others) and b) Potestative right (which consists of, voluntarily or by court decision, producing effects that are imposed on another person, even who doesn't want it).

108. HUMAN DIGNITY ACCORDING TO CONFUCTIONISM Like the notion of human rights, “human dignity” is generally a Western terminology. (Zhang, 2000). This may explain why, as a terminology, “human dignity” was never explicitly mentioned by Confucius; it is a reconstruction of the Confucian view of humanity.

109. That said, human dignity is undoubtedly “the most adequate concept to understand and interpret Confucianism, which found the dignity of man in the innate virtues (De) unique to humanity, through which every man and woman is able to live. a morally decent and materially independent life”. (Zhang, 2000). The expression “human dignity” is translated “ zunyan ” in Chinese, corresponding to the Confucian term, “ renge ”, which means “moral personality”. In the Western sense, man has dignity because he was created in the image and likeness of God, and he carries within him a portion of the divine substance (the intellectual soul) that justifies his dignity.

110. Not so with Confucianism. He argues that there is something “inherently noble and worthy in every human being” (Zhang, 1998). This something is not necessarily an intellectual soul. And if it is not an intellectual soul, what is it? What is human dignity according to Confucianism? This is the question we answer in this chapter. According to Confucianism, man is worthy because he is born with a set of innate virtues (human potential) unique to humanity; he is born with the ability to fully realize such virtues and become a mature person; he respects himself and others by attaching high values to these unique virtues that lead him to consciously develop them.

111. The innate or potential virtues believed to be uniquely possessed by the human being (each person insofar as he is a human being) are: i ) humanity / benevolence ( ren ); ii) justice ( yi ); iii) property ( li ); and iv) wisdom ( zhi ). The first two - humanity and justice - are the distinguishing features of man, that is, they are the innate moral qualities, which define the essential character of a human being and without which a man would be reduced to an animal. With proper education, learning and self-cultivation, these innate abilities are upgradeable in a person and by the person, making him/her a gentleman (a well-educated man) (Zhang, 1998). For this reason, Zhang believes that in the Confucian view, the potential virtues innate in every human being are the raison d'être of human dignity.

112. Gentleman (a well-bred man) is a man whose innate potentials have been actualized through some effort. Gentleman is not a social status but a moral status; it is a respectful title for anyone who has acquired a high moral status through personal effort (Zhang, 1998). In other words, gentleman ( junzi ) represents a person who has perfected his dignity (human dignity) by: 1) know and value your own inner worth; 2) by cultivating it, and 3) by living up to it. Becoming a gentleman is not a privilege reserved for some people; it is something that each person has the ability to become through conscious self-cultivation.

113. Having cultivated the virtues, a Confucian gentleman practices and openly displays them in his daily actions, giving rise to a personal image that demands respect from others. Thus, Confucian dignity combines the internal and external aspects of a human being; it presupposes humanity's unique potential and, taking its value for granted, demands that every man and woman make a good effort to develop it in everyday life. When dignity is fully developed, it manifests itself spontaneously in one's appearance and behavior, as part of acquired habits. (Zhang, 1998).

114. In other words, according to Confucianism, human dignity has both internal/interior and external/exterior dimensions. A worthy person is one who visibly leads a worthy life and living; it is also one that visibly respects “every common person, whose innate capacities make human improvement an ever-present possibility. [...] Human dignity requires universal respect, from which no one should be excluded” (Zhang, 1998).

115. To this end, a gentleman must take care to create adequate laws and social institutions, both to prevent actions that may diminish the dignity of others and to protect the dignity of each citizen against violation by others. (Zhang, 1998). In other words, the gentleman is one who both promotes and protects human dignity. Lastly and most importantly, the gentleman must be concerned, above all, with establishing fundamental rules that may prevent institutions, especially the State, from exercising their powers in a way that defeats the very purpose for which they are erected (Zhang, 1998).

116. Unlike a little man (a small person with low moral status) who is preoccupied with his selfish material desires, a gentleman is careful to cultivate his sublime moral character, pursuing humanity and justice, which allows him to lead a life worthy of its noble nature. Thus, a gentleman is a person who has successfully cultivated and follows his balanced virtues based on the Central Middle Principle; “a gentleman acts according to the Middle Ground; a petty man acts contrary to the Middle Ground. Because the gentleman maintains the middle ground, he always acts to the perfect degree”. (Zhang, 1998).

117. The middle ground principle The Middle Ground Principle, sometimes called the Golden Mean, Golden Mean or Middle Ground Doctrine is a doctrine created by the Greek philosopher Aristotle to say that virtue is always the mean between two extremes, one of excess (having something in too much) and a deficiency (having too little of something). The just means means harmony and balance. According to this principle, one should never act in excess. The aim of the middle ground is to maintain balance and harmony, from the orientation of the mind to a state of constant equilibrium. The doctrine of the middle ground is very important to Confucianism because it teaches that excess is similar to deficiency; describes the harmonious life as a life that avoids excesses and lacks. Thanks to this doctrine, wisdom or life based on the middle ground principle can be acquired by both the old and the young, as well as people of all conditions.

118. For Confucius, you become a gentleman when you manage to cultivate balanced virtues based on the Middle Ground Principle. A gentleman is thus an individual who consciously follows the Middle Ground Principle. This principle is the decisive criterion for distinguishing a gentleman from a mean-spirited “little man” ( xiaoren ) or a “little person” with low moral status. In a gentleman there are several primary virtues that are in harmonious proportion: “Benevolent, he is free from worries; wise, he is free from perplexity; courageous, is free from fear” (Zhang, 1998).

119. Only the perfect sage in the world has speed of apprehension, intelligence, discernment and wisdom, which enable him to govern the world; magnanimity, generosity, kindness and tenderness, which enable him to embrace all men; vigor, strength, firmness and resolution, which enable him to maintain his firmness; order, seriousness, adherence to the Environment and rectitude, which allow him to be reverent; reasoned articulation and refined penetration, which allow him to exercise adequate discrimination.

120. According to a great authority on Confucianism, Xunzi (313-238), “Water and fire have essences, but not life; herbs and trees have life, but not knowledge; birds and animals have knowledge but no sense of justice. Humans have essence, life, knowledge and, in addition, a sense of justice; thus they are the noblest of the land.” Confucianism teaches that “man is distinguished from other animals perhaps only by a slight difference, but it is precisely this small difference that makes man unique”. (Zhang, 1998). It means that man's unique worth does not reside in essence, life and knowledge - these things he shares with other creatures - but in justice, that is, in his moral faculties as embodied in his heart-mind ( xin ). These, (heart-mind) are what account for man's moral and rational state, and it is they that constitute man's badge as well as the noblest organ. All human beings have it. This is why individual moral differences do not reside in the natural endowment, but in the further development of innate human potentials that each individual person is called to do. (Zhang, 1998).

121. The presence of humanity or dignity in every human being is a potential virtue, which concrete people must cultivate through learning and practice, in order to become fully worthy human beings themselves, who consequently respect, protect and help to cultivate it (potential virtue) in others. Whoever values his innate virtues and is concerned with preserving and developing them, both in himself and in others, is the true gentleman.

122. According to Confucianism, “each person has a noble value” (Zhang, 1998) which, in the West, is referred to as human dignity. Everyone, even those who do not believe in human virtues or make no conscious effort to cultivate them, have a noble value. Although such people sometimes deny the dignity of others, they are offended whenever they are mistreated by others, which implies that they too place some value on themselves, albeit perhaps unconsciously and inconsistently. This is particularly obvious when they are mistreated by others. Human dignity is not lost even when everything in life is lost. For example, any beggar would feel humiliated if someone threw food on the ground to pick up, as if the latter were feeding an animal. In these situations, he would feel humiliated because he thinks he deserves better treatment than what a mere animal or machine receives; his aversion to mistreatment seems to imply that he still thinks of himself as having some value (Zhang, 1998).

123. Thus, Confucian dignity requires that human beings respect themselves and others, and cultivate dignity first in themselves and then in others. It is for this reason that the gentleman's sense of justice presupposes his conscious recognition of the same basic value in all other people who command him respect because "respect for others is the natural extension of his self-respect". (Zhang, 1998). The conscious feeling of self-respect within oneself, reflected in the feeling of shame, distinguishes a gentleman from a little man. While a little man can do anything, however low and banal, without feeling ashamed, a gentleman, being fully aware of the inherent value in himself, will only do those things which are consistent with, or which can help to bring about, the its value. (Zhang, 1998). The way for the gentleman is: "What you don't want others to do to you, don't do to them."

124. "Don't impose on others what you don't want others to impose on you". A gentleman must do to others what he so desires others to do to him. For example, if a gentleman wants to be respected, he must first respect others and treat them as human beings who, like him, are endowed with moral and intellectual faculties capable of being fully developed. To imitate Heaven's absolute justice, a gentleman must refrain from doing anything that would prevent someone from realizing their potential and achieving full dignity. A gentleman abstains from injustice because he feels the shame of doing unfair things to others. (Zhang, 1998). Thus, Confucius insists that a gentleman must "keep the feeling of shame in his own conduct," because those who would do anything without feeling ashamed lack the moral quality to do the right thing. Mencius aptly states it: "A man must first know what he ought not to do, before he can do what he ought to do."

125. By way of conclusion Although “the concept of human dignity was not explicitly mentioned in classical Confucian texts, nor systematically explained by traditional interpretations” (Zhang, 1998), the notion of human dignity can be reconstructed from the concept of innate virtues (de) of Confucianism. that are unique to humanity. Contrary to the Christian concept of human dignity, which is said to come from God in the form of the imago Dei, Confucian human dignity does not come from outside the human being, but from the inside of man. For Confucianism, there is something “inherently noble and respectable in every human being” (Zhang, 2016) that is responsible for human dignity. Despite this, the human dignity that is inherently present as a potential virtue in every human being has to be cultivated through learning and practice.