Human Dignity in Latvia

Abstract

The chapter provides an overview on the development of the concept of human dignity in the Latvian constitutional order, analysing the genesis of constitutional regulation and the relevant case law. Particular attention is paid to the analysis of activities of the Latvian Constitutional Assembly at the time of drafting the Constitution of the Republic of Latvia and the work of legislators in developing the catalogue of fundamental rights after restoration of the state's independence. The concept of human dignity in Latvia has been developing by taking into account the historical context and the unique architecture of the Latvian constitutional order. The Constitution of the Republic of Latvia provides for human dignity as a fundamental human right and a constitutional value. The content and application of the concept of human dignity are analysed by using the case law of courts of general jurisdiction and the Constitutional Court. The analysis of case law reveals that human dignity as a concept is predominantly applied as a fundamental right. It can be expected that in the future the concept of human dignity will be used in case law as a method of interpretation of the Constitution. It must be noted that the year 2017/2018 is the turning point in the development of the case law since both the Constitutional Court and the Supreme Court have passed rulings, in which ideas regarding the concept of human dignity have been outlined expressis verbis and it was granted the decisive importance in adjudicating the case. Hence, fast development of case law is observed.