Human Dignity in Austria

Abstract

This chapter seeks to explain the legal foundation and nature of human dignity as it explicitly and implicitly derives from the fragmented Austrian Federal Constitution, to assess its implications on the ordinary law-maker at federal and Land level as well as on courts and the administration. In particular, the relevant case law of the Austrian Constitutional Court on human dignity, which focuses on Art. 3 ECHR, will be examined more closely. By conclusion, the question shall be answered whether human dignity is protected effectively in Austria, even though there is little dignity rhetoric in the Federal Constitution.