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ANA POLAK PETRIČ CYIL 5 ȍ2014Ȏ
without humanitarian assistance constitutes a threat to human life and an offence to
human dignity”.56 The principle of humanity is thus a cornerstone of the protection
of persons in international law, placing the affected person at the centre of the relief
process and recognizing the importance of persons’ rights and needs.
The general principle of the respect for human dignity is also the common foundation
and the very raison d’être of both human rights law and international humanitarian law,
since the essence of both lies in the protection of the human dignity of every person.57
It implies respect for the autonomy of each person and the right of everyone not to
be devalued as a human being or treated in a degrading or humiliating manner.58
Many instruments expressly refer to human dignity as a value to be protected under
international law. The preamble of the UN Charter has already called upon Member
States “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
same value is also expressed in the Universal Declaration of Human Rights, which is
a part of customary international law and a cornerstone document of contemporary
human rights law, stating:
“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, [...]
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith
in fundamental human rights, in the dignity and worth of the human person and in
the equal rights of men and women and have determined to promote social progress
and better standards of life in larger freedom, [...]” 59
and further:
“All human beings are born free and equal in dignity and rights.”60
The ideas that human dignity and human rights are the core, universal values
afforded to all human beings and that all human action must be in accordance with
human dignity are reflected in all major human rights documents61, i.e. they all refer
56 Preamble of the UN GA Res. 43/131 on Humanitarian assistance to victims of natural disasters and
similar emergency situations.
57 Prosecutor v. Furundzija (Judgment) ICTY-95-17/1-T (10 December 1998), para. 185.
58 Chaskalson, A., Human Dignity as a Constitutional Value, in: Kretzmer D. and Klein E (eds.), The
Concept of Human Dignity in Human Rights Discourse, Kluwer Law International, The Hague, 2002,
p. 134.
59 Preamble of the Universal Declaration of Human Rights, available at:
60 Article 1 of the Universal Declaration of Human Rights. Subsequently the Universal Declaration of
Human Rights refers to human dignity in two additional provisions relating to the right to social
security in article 22 and the right to work in article 23 (3).
61 The International Covenant on Civil and Political Rights (article 7), the International Covenant on
Economic, Social and Cultural Rights (article 13), the Convention Against Torture and Other Cruel,
Inhumane, Degrading Treatment or Punishment (article 16), the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms