The Ratio of Human Dignity and the Right to Free Development of Personality (Based on Ukrainian and German Doctrines)

The science paper devotes to the study of the ratio of human dignity and the right to free development of personality based on legal doctrine and practice in Germany and Ukraine. The right to free development of personality can be attributed to one of the examples of individual freedom. However, the right to free development of personality is a part of the system of basic human rights under the Basic Law of Germany. Besides, according to Article 2 (1) of the Basic Law of Germany, the right to free development of personality is a basic human right in the German legal system. The right to free development of personality is the first basic human rights that continue a system after human dignity. Also, іn the Constitution of Ukraine, the right to development of personality is guaranteed in Article 23 as a constitutional human right. It means, that we might ratio to the right to free development of personality and human dignity as a constitutional value. Therefore, to achieve the goals of the study, the materials of the German and Ukrainian doctrines are considered and the practice of protection of the right to free development of personality in combination with the guarantee of human dignity. Finally, the author turns to the study of the hierarchy of constitutional values. This problem is relevant in both German and Ukrainian legal doctrine. There are different approaches to the analysis and definition of the system of constitutional values among researchers of constitutional values. Besides, human dignity is a basic constitutional value in democratic countries and an absolute human right. In the practice in the European constitutional courts often human dignity ratios with different basic human rights. Constitutional courts have to choose the criteria for the limitation of human rights and to protect dignity as a constitutional value. The author aims to contribute to the growing researches in human dignity issues