The Duality of Human Dignity in Europe

The normative content of human dignity in Europe is determined by two supranational courts charged with the interpretation and application of two distinct human rights instruments adopted by the Council of Europe and the European Union respectively. In the European Union, the Court of Justice's jurisdiction is based on the Charter of Fundamental Rights of the European Union, which entered into force in 2009 following adoption of the Lisbon Treaty in 2007. The jurisdiction of the European Court of Human Rights is much older and dates back to the adoption of the European Convention on Human Rights  in 1950. This paper examines whether the duality of institutions and fundamental norms in Europe has resulted in a substantive dilution of human dignity which poses a risk to the protection of fundamental rights. The approach taken will involve an examination and analysis of the role of human dignity in the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights.