The dignity of the individual is a principle that is laid down in the provisions of the Constitution of the Russian Federation. The main classifier of laws and the guarantor of protecting human rights argues that there is not a single reason to justify the humiliation of a citizen. Torture, violence, cruel treatment are condemned in our country, as described in article 21. And in chapter 1 of art. 2 in the foundations of the constitutional order, it is emphasized that the highest value is a person with all its features. The state must protect the freedoms of its citizens. The dignity of the individual is also discussed in Chapter 2, which corresponds to international acts recognized by the Russian Federation.
The concept of honor
From literature and films, every educated person knows how many worthy people died defending their honor. Even this proposal linked the two terms in a single thread. Perhaps the definitions have a philosophical direction in many respects; everyone understands the dignity of the individual to the extent of his own upbringing. This is where the root of the concept of honor lies - this is baggage in which all the qualities of a person are collected, for which he respects himself. In such accumulations, one can include the internal content of a citizen from conditional elements:
- nobleness;
- justice;
- valor;
- courage;
- honesty;
- morality;
- moral principles.
Citizens of past times fought on fists and duels for violated honor, not comparing it with the internal quality. Qualification was on the ability:
- public behavior in accordance with the rules;
- compliance with established standards;
- correctness, restraint, respect for other people.
Following these principles, a reputation was created and maintained, and respect was built on. The concept is closely related to honesty and, above all, to oneself. If there are no feelings such as guilt and remorse for any perfect misconduct, what honor can be said?
What is the difference between two similar qualities?
Revealing the features of the dignity of the individual, many literary scholars agreed. Writers, scientists and philosophers have called this part of the human characteristic:
- ability to respect oneself;
- ability to hold well in any difficult situation;
- Do not violate your principles.
It is believed that if a member of the society behaves with dignity, not stepping over the generally accepted rules, respects himself, then he will not humiliate other people. Honor and dignity of an individual do not differ in many criteria. By the presence of these qualities in a person, the attitude of friends and relatives towards him is established, this becomes his moral value.
What connection do intangibles have with jurisprudence?
To protect civil values, legislative provisions have been developed in the Code of Criminal Procedure of the Russian Federation, Code of Civil Procedure of the Russian Federation. The Constitution of the Russian Federation is devoted whole paragraphs to this topic. It says that respect for the dignity of the individual must be respected, and his derogation cannot be justified by any circumstances.
In criminal law, there is a prohibition on unacceptable treatment of participants in the process during legal proceedings. Article 9 in part 1 of the Code of Criminal Procedure of the Russian Federation indicates that these actions are characterized by the humiliation of the defendants with harm to their health. The legal mechanism was created in order to provide citizens with guarantees, protection in case of unreasonable restriction in these values, when:
- interrogations;
- surveys;
- expertise;
- personal searches.
Protective functions during their implementation must comply with the principle of respect for the person.
Moral humiliation
Protection of the dignity of the individual does not allow the use of illegal and unethical methods when examining or examining the body to obtain biological materials. Violations of procedural actions with damage to the dignity of participants in investigative measures are prohibited by law:
- interrogators;
- investigators;
- prosecutors.
The Code of Criminal Procedure of the Russian Federation in article 164 clearly spells out the rules for the proceedings, which emphasized the impossibility of conducting an investigation with violence. During searches, the investigator is responsible for not disclosing personal and family secrets. Article 302 of Part 2 of the Criminal Code of the Russian Federation establishes liability for officials if they are forced to testify through physical and mental suffering:
- suspects
- the accused;
- victims;
- witnesses.
Victims of unlawful harassment are entitled to judicial protection.
Features of civil guarantees
In civil proceedings, crimes against freedom of honor and dignity of the individual are closely related, here you need to add a business reputation. The legislator believes that an attempt on the intangible goods of a person given to him from birth should be punished.
Similar provisions were approved by the Civil Code of the Russian Federation in Article 150, Part 1. In what order to protect, Article 152 discloses. The good reputation of a person in the business world creates financial security for him through business. When a competitor begins to disseminate false, inaccurate, defamatory information, it brings losses to the business entity. The law protects not only healthy people, but also incapacitated children. To restore justice, you must contact the judicial authority with a lawsuit.
What actions violate the principles?
It should be noted that violations of the moral principles of personal dignity with the spread of false information include:
- dishonest acts;
- quarrels, conflicts at work;
- misconduct in the family;
- incompetence in production or social activities.
The court will accept only reliable facts supported by documents. Familiar and close ones can protect the violated dignity even after the death of a citizen.
Who is entitled to become a plaintiff?
For unlawful acts against the freedom, honor, dignity of the person, a measure of responsibility is provided, the level of which depends on the severity of the harm done. Any legally capable person who has reached the age of majority can protect his rights by judicial procedure. For minors citizens apply their representatives:
- parents;
- guardians;
- trustees;
- adoptive parents.
Heads of organizations, firms, and companies — all legal entities — can also go to court. For the dead people are their successors, relatives, heirs. The right to protection among citizens of the Russian Federation remains after their death.
Who is responsible?
Any person who violates the law becomes a defendant if he is recognized as legally capable, who has morally or physically humiliated another citizen or group of persons. They include the heads of enterprises and organizations. Recently, unflattering publications in print media with texts and photographs have become more frequent.
Article 43 of the Media Law affirmed the right of citizens whose dignity is impaired to demand rebuttals from culprits. If the editor does not take any measures for reconciliation, he becomes the defendant in court before the victim or the author of the libel with false materials. The task of the judges is to thoroughly examine the case and make a fair decision. Participants must prove the truth of their claims by convincing facts.
Statistics data
Analytical information from the practice of judicial statistics shows how inexorably the number of cases is growing, where issues with infringement of human dignity and business reputation are dealt with. Mostly citizens file complaints about untrue published articles. The judge, if he sees that the applicant is right in his claims, will satisfy the claim. No one has the right to publicize the details of his personal life or to communicate production secrets to the company. As a punishment for the defendant, penalties await him, he is obliged to compensate for materially caused moral damage.
There are almost no appeals from religious communities, churches and dioceses. Perhaps they consider it below their dignity to seek help from law enforcement agencies instead of God. Legislators have their own opinion: more doctrines on religious freedom need to be developed.
With the development of technology, the Internet has become a threat to the reputation of business people and individuals. Such violations are difficult to prove, they remain without punishment. If the classic media is easy to find, the editorial office has a specific address, publications are signed, not all publications on the Internet have such features, the name of the author of the text is also difficult to determine, their works are published under pseudonyms.
In fact, there is not a single state in the world with an ideal society, a fair legal structure and judicial bodies. Victims need to rely on the help of a good lawyer and the competence of a judge.