THE PLACE OF THE PRINCIPLE OF HUMAN DIGNITY IN THE ALGERIAN CONSTITUTION

Abstract

Human dignity represents a fundamental value within human values, which exists in all cultures, civilizations, and legal systems. This value reflects on development in its political, economic, social, and legal dimensions, especially after the shift in its concept from being merely an ethical principle to a legal principle that forms the basis of the most important human rights. The 1948 Universal Declaration of Human Rights stated in its preamble that inherent human dignity is shared by all members of the human family and is associated with their equal and inalienable rights. It constitutes the foundation of freedom, justice, and peace in the world. Furthermore, the International Court of Justice has ruled that none of the rights enshrined in this covenant can be used to violate the dignity of others, and that human dignity is an integral part of the core rights stipulated. Thus, it cannot be violated, even in cases where rights are restricted. This matter now compels states, after their involvement in international treaties and declarations of human rights, to enshrine the principle of human dignity in their constitutions, either directly or through other rights.

On this basis, this paper aims to clarify the place of human dignity within the Algerian legal system and its legal dimension, not as a right in itself, but rather as a founding principle for other rights and freedoms.