Direito em Movimento - Volume 19 - Número 1 - 1º semestre - 2021

91 Direito em Movimento, Rio de Janeiro, v. 19 - n. 1, p. 81-107, 1º sem. 2021 ARTIGOS dignity’s turn as a legal right was slow in coming, the second half of the twentieth century witnessed a maturity in the development of dignity as a legal right (SKINNER, 1972) and an indispensable component of demo- cracy (DALY, 2011), a process propelled by international and legal urgen- cy in the aftermath of the atrocities of World War II. To be sure, human dignity is a foundation of the Charter of the United Nations 20 in 1945 (one of whose purposes is ‘to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small’), and the cornerstone of the Universal Declaration of Human Rights in 1948 (adopting the recognition of human dignity in the United Nations Charter and affirming that ‘All human beings are born free and equal in dignity and rights’). 21 It is found in identical form as a tenet shared by both the Covenant on Civil and Poli- tical Rights 22 and the Covenant on Social, Economic and Cultural Rights 23 (‘Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world…’), 24 both adopted in 1966 and put into force in 1977. Dignity has since been recognized in myriad international and re- gional laws – including the Convention on the Rights of the Child, 25 the United Nations Declaration on the Rights of Indigenous Peoples, 26 and 20 Charter of the United Nations, 26 June 1945, available at <http://www.un.org/en/documents/charter/ index. shtml>. 21 Article 1. 22 International Covenant on Civil and Political Rights, New York, 16 December 1966, in force 23 March 1976, 999 United Nations Treaty Series 171. 23 International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966, in force 3 January 1976, 993 United Nations Treaty Series 195. 24 International Covenant on Economic, Social and Cultural Rights, New York, 16 December 1966, in force 3 January 1976, 993 United Nations Treaty Series 195.Id. at Preamble. 25 Convention on the Rights of the Child (New York, 20 November 1989, in force 2 September 1990, 28 In- ternational Legal Materials 1456), Art. 28(2): ‘States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.’ 26 ‘United Nations Declaration on the Rights of Indigenous Peoples’, UNGA Res. 61/295 of 2 October 2007, Art. 15: ‘Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.’

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