Ihmisarvo perustuslakivaliokunnan lausuntokäytännössä
Nyckelord:
valtiosääntöoikeus, ihmisarvo, perustuslakivaliokunta, perusoikeudetAbstract
Human dignity in the practice of the Constitutional Law Committee of the Finnish Parliament
The Finnish Constitution, as well as several international human rights treaties, refer to the intriguing yet difficult concept of human dignity. It is a concept that has a central role but is open to various interpretations. In the article, the aim of the author is to clarify the content and the role of dignity as a constitutional concept in Finland by analysing the statements of the Constitutional Law Committee of the Parliament where dignity is mentioned. These statements are studied in the light of the most significant observations arising from contemporary research literature regarding dignity. From this frame three different research themes emerge. These are the relationship between dignity and autonomy, the dignity of the most vulnerable people, and the issue of dignity and the principle of proportionality. The author discusses how the practice of the Constitutional Law Committee reflects these themes. As a part of clarifying the concept, the author also considers the possibility of replacing dignity with more precise and established concepts, mainly autonomy. The conclusion of the analysis, however, is that dignity has its own scope and argumentative role, which cannot be replaced with other concepts. Although the exact requirements that dignity sets can be difficult to detect, some general functions of the concept can be formulated. These include the prohibition of using people instrumentally; instead, they should be treated as active agents. Partly opposite to the previous requirement is the function of dignity as a free-standing legal argument that can be applied without a concrete rightsholder. In addition, the absolute nature of the obligation to protect dignity is well visible both in the literature and the practice of the Constitutional Law Committee. A central conclusion is also that dignity strongly highlights the need to recognise the potential victims and groups at risk of dignity violations.
