Respect and Protection of Human Dignity in Ukraine: Problems of the European Model Implementation

Abstract

The article investigates both theoretical and practical problems of implementation of the European model of respect and protection of human dignity in Ukraine. There, the concept of dignity became extremely current after the Revolution of Dignity (November 2013 – February 2014). The modern comprehension of dignity has been considerably extended in comparison with the Enlightenment era concepts of natural and inalienable rights. As such the concept of dignity is based on its mutual connection with human rights and fundamental freedoms guaranteed by the Covenant on Human Rights of the Council of Europe from 1950. Generally, Ukraine follows the comprehension of the concept of dignity presented by the European Union states, but with certain developmental retardation (a sectorial approach prevails over the universalism, etc.). The European model offers a wide and universal definition of the human dignity. Thus, the concept of ‘physical and mental integrity’ covers a much wider range of cases than only obvious examples of inhuman and degrading treatment and torture. The Ukrainian developmental retardation has to be overcome by active implementation of the European standards of the protection of human dignity and respect. Ukraine needs a new doctrine based on the democratic experience of the EU states and the newest scientific research. To implement the European model of respect and human dignity protection Ukraine also needs to make significant changes in law. Implementation of a constitutional complaint is the most important and urgent reform to be made.