Respect for human dignity: an Anglo-French comparison

The thesis analyses the ways in which respect for human dignity is ensured through law. Situated within the framework of comparative legal studies, it examines the place and significance of the principle of respect for human dignity in English and French law within the context of the protection of fundamental rights at both national and European levels (including the European Convention on Human Rights and the law of the European Union). The introduction sets out the framework of the study. It is here that the comparative nature of the research is presented and the chosen methodology of comparative law justified. The thesis is then divided into two main sections. The first, comprising Chapters 1 and 2, is devoted to the definition of key concepts, notably that of `dignity' and the `human person' and to an analysis of the 'juridification' of respect for dignity, that is its insertion into legal sources at both national and supra-national levels and its relationship with other fundamental legal principles and values. The second part of the thesis, Chapters 3 to 6, comprises a detailed comparative study of instances in which the concept of dignity is applied in France and England. Initially under investigation is respect for dignity at the boundaries of life; that is at its beginnings (Chapter 3) and at its end (Chapter 4). The focus then shifts towards respect for dignity during the course of the human life cycle, looking particularly at violations of physical integrity (Chapter 5) and mental integrity (Chapter 6). The study concludes that while both French and English legal systems have been called upon to respond to potential dignity violations as a result of scientific and technological developments, their responses have varied as a result of their distinct legal cultures. Nevertheless, there is a substantial trend towards rapprochement as a result of harmonising influences from Europe.