论人性尊严的宪法保障

Protection of Human Dignity: in the Perspective of Constitutional Law

人性尊严是人权的最高价值,也是人权保障的核心,它倡导只有人才是终极关怀,人决不能沦为国家或他人的手段或工具,人性尊严的主张不仅要求人的生物性存在,而且要求更进一步关怀人的生存面貌与价值,使人的存在本身成为生命中最崇高的意义。人性尊严滥觞于基督教,后来成为人本主义的精髓,历经文艺复兴后逐步演变为现代宪法的核心价值追求。实现并保障每个人享有作为人的尊严,是宪法保障基本人权的主要目的。

Human dignity is the intrinsic worth that inheres in every human being. Human dignity transcends any social order as the basis for rights and is neither granted by society nor can it be legitimately violated by society. In this way, human dignity is the conceptual basis for human rights. While providing the foundation for many normative claims, one direct normative implication of human dignity is that every human being should be acknowledged as an inherently valuable member of the human community and as a unique expression of life, with an integrated bodily and spiritual nature. Human dignity is inviolable, there can be no exception, nor can any limit be imposed, even where law and order is concerned.