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The Dignity of Man in the German Constitution
The Fundamental Right to Respect and Protection
The Article 1 of the Basic Law for the Federal Republic of Germany (GG) states that "human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority." This fundamental right forms the cornerstone of the German constitution and serves as a guiding principle for all government actions.Historical Context
The inclusion of Article 1 in the GG was heavily influenced by the horrors of World War II and the Nazi regime. The atrocities committed during this period highlighted the need for a constitutional guarantee that would protect human dignity from state tyranny and abuse.Core Principles
Article 1 establishes several key principles: *Inviolability of Dignity: Human dignity is an inherent and absolute right that cannot be diminished or violated by anyone, including the state.
*Duty of Protection: The state has an obligation to actively protect and enhance human dignity through its laws, policies, and actions.
*Universal Application: This right applies to all individuals, regardless of their nationality, origin, or circumstances.
Implications for Government
Article 1 has profound implications for the actions of the German government. It requires: *Respect: Government officials must treat all individuals with respect and dignity, even those suspected of committing crimes.
*Protection: The state must implement laws and policies that safeguard human dignity from threats such as poverty, discrimination, and violence.
*Accountability: The government is accountable for protecting human dignity and must be held responsible for any violations that occur.
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