CYIL Vol. 5, 2014

ANA POLAK PETRIČ CYIL 5 ȍ2014Ȏ without humanitarian assistance constitutes a threat to human life and an offence to human dignity” . 56 The principle of humanity is thus a cornerstone of the protection of persons in international law, placing the affected person at the centre of the relief process and recognizing the importance of persons’ rights and needs. The general principle of the respect for human dignity is also the common foundation and the very raison d’être of both human rights law and international humanitarian law, since the essence of both lies in the protection of the human dignity of every person. 57 It implies respect for the autonomy of each person and the right of everyone not to be devalued as a human being or treated in a degrading or humiliating manner. 58 Many instruments expressly refer to human dignity as a value to be protected under international law. The preamble of the UN Charter has already called upon Member States “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” . The same value is also expressed in the Universal Declaration of Human Rights, which is a part of customary international law and a cornerstone document of contemporary human rights law, stating: “Whereas 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, [...] Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, [...]” 59 and further: “All human beings are born free and equal in dignity and rights.” 60 The ideas that human dignity and human rights are the core, universal values afforded to all human beings and that all human action must be in accordance with human dignity are reflected in all major human rights documents 61 , i.e. they all refer 56 Preamble of the UN GA Res. 43/131 on Humanitarian assistance to victims of natural disasters and similar emergency situations. 57 Prosecutor v. Furundzija (Judgment) ICTY-95-17/1-T (10 December 1998), para. 185. 58 Chaskalson, A., Human Dignity as a Constitutional Value, in: Kretzmer D. and Klein E (eds.), The Concept of Human Dignity in Human Rights Discourse , Kluwer Law International, The Hague, 2002, p. 134. 59 Preamble of the Universal Declaration of Human Rights, available at: http://www2.ohchr. org/english/law 60 Article 1 of the Universal Declaration of Human Rights. Subsequently the Universal Declaration of Human Rights refers to human dignity in two additional provisions relating to the right to social security in article 22 and the right to work in article 23 (3). 61 The International Covenant on Civil and Political Rights (article 7), the International Covenant on Economic, Social and Cultural Rights (article 13), the Convention Against Torture and Other Cruel, Inhumane, Degrading Treatment or Punishment (article 16), the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms