Oldal 316 [316]
OCR
CSILLA LEHOCZKY-KOLLONAY of the United Nations? starts with declaring faith in dignity and it is renowned as the central concept of the of the Universal Declaration on Human Rights." Although mentioned frequently as a novel idea, it was rather “the culmination of a significant historical evolution of the concept” from expression of esteem for office, rank, personality in ancient ages’ to its post-WW II legal concept as “inherent” in human beings.” Looking for other (language) versions of “dignity”, we find the same idea in the 1927 book of Otto Sinzheimer, founding-father of German labour law, who considered “Menschenwiirdige Existenz” (an existence worthy of man) as a goal to be achieved by providing people with fundamental social rights." Here dignity is a result to be achieved by just distribution in an all-societal meaning. By today the term dignity is used widely, becoming the basic idea of European and international human rights law. Its meaning remained unsettled, contextspecific, varying from jurisdiction to jurisdiction and also over time." It is considered as an end to be achieved and fulfilled by guaranteeing human rights, and, at the same time, the opposite: as a foundation, source of human rights. In the more specific context of human labour and social justice the same dual meaning is present as a ground (i.e. being inherent in humans) of the right to certain treatment and, in the Sinzheimer-meaning as an expected result (certain level of living) of socially just distribution, i.e. social justice in the society. THE PUBLIC-PRIVATE DIVIDE AND DIGNITY AT THE WORKPLACE The “public-private divide” in law divided and delayed the arrival of dignity to the workplace. Civil and political rights entitle the individuals and oblige the state in the vertical relation between the citizens and the state, whereas in the contractual employment ° Signed 26 June, 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organization, https://www.un.org/en/about-us/un-charter. 1 Preamble, Recital 1, 5, Article 1 and 22, the latter one expressing a connection of dignity to social security. https://www.ohchr.org/EN/Issues/Education/Training/Compilation/Pages/ UniversalDeclarationofHumanRights(1948).aspx. 1 McCrudden, Human Dignity, 656-657. ® McCrudden, Human Dignity, 658, 664. 13 ,[D]em Menschen soziale Grundrechte (zu) verleihen, die ihm ein des Menschen würdige Existenz sichern. Hugo Sinzheimer, Das Wesen des Arbeitsrechts (1927), in Hugo Sinzheimer, Arbeitsrecht und Rechtssoziologie, Band 1. Frankfurt, Köln, Europäische Verlagsanstalt, 1976, 108 ff (110) Referred by Manfred Weiss, Re-Inventing Labour Law, in Guy Davidov — Brian Languille (eds.), The Idea of Labour Law, Oxford, OUP, 2011, 44-46. * McCrudden, Human Dignity, 655. + 314 +
