Human dignity in target

Observations on judicial practice of human dignity

Abstract

In lawsuits based on defamation, the court cannot avoid clarifying what exactly it considers to be defamatory expression, with which the facts are realized. This is caused by the fact that the old Civil Code over his legal practice – due to the changed legal environment and especially the impact of the Basic Law – time has passed. In order to define the legal concept of human dignity more closely (lacking a legal definition), the Constitutional Court gradually contributed to the development of legal practice with certain interpretation aspects. In this study, I examine how the increasingly permissive interpretation of freedom of speech affected the legal perception of violations of human dignity. I will also show whether it is conceivable to prevent mass violations in other, indirect ways in order to protect human dignity more effectively.