The Dignity of the Personality in the System of Human Rights: Problems of the Theory and Legal Regulation

Abstract

Having studied legal theories about the dignity of the person, the author agrees with the offered advantage categorization in constitutional right as supreme constitutional value as basic personal right as element of constitutional legal status of the personality. In the Russian concept of the rights and freedoms of the person the feature of approach to human dignity consists in understanding of dignity of the person as constitutional value and as important element of constitutional legal status of the personality. As a result of the analysis of the international agreements, the constitutional legislation of Russia and foreign countries the similarity and differences in legal understanding and fixing of human right on advantage are noted. Features of constitutional and legal recognition of human right on advantage and on its protection in the Russian Federation are revealed. Author's definition of dignity of the person and human right on advantage is given. Permission of the legal collisions connected with human right on advantage seems in giving to this right of the status of the absolute right both in international, and in the constitutional legislation of Russia and foreign countries.