Human Dignity in Estonia

Abstract

Human dignity in Estonia is considered to be one of the constitutional principles providing the basic core for other principles and rules in legal space. Human dignity as a principle has been part of every Estonian Constitution since 1919 when the fi rst Constitution was passed. From a comparative point of view, the understanding of human dignity in Estonia has its own history and development. However, its main core idea is based on human rights, international and EU law. Main characteristics of human dignity in Estonia are the rights of the human to develop freely and perform self-realization. As the rule of law is guaranteed by the Estonian Constitution, the legal policy and the interpretation of human dignity and its legal variations are derived directly from constitutional law. The Estonian Constitution includes six elements of human dignity: respect for the physical integrity and its protection; ensuring decent living conditions; legal equality; preservation of person ’ s identity; freedom of choice; and treatment of an individ- ual as a subject. The fi rst two of them are regularly discussed by the judicial system and Chancellor of Justice. Legal equality is often used intensively together with other elements of human dignity. Other elements are less used by legal practicioners and understanding of its content is still open to interpretation.