Traditionally, and France is no exception to this, the concept of human dignity was absent from historic declarations of rights, which originally focused on equality and liberty. It was only after the Second World War that human dignity entered the legal arena and it was only in the 1990s that the concept earned legal recognition through case law in France. Far from disrupting the French legal system, the concept was assimilated easily. The purpose of this chapter is to present the situation regarding human dignity in France, emphasizing the ambiguities and limits of its use and explaining the reason why its assimilation appears to have been relatively easy. It is shown, throughout the chapter, that the function of human dignity is not primarily the protection of something that was unprotected before, but rather the expression of the circumstances in which such protection is required.

This work is published on the responsibility of the Secretary-General of the OECD. The opinions expressed and arguments employed herein do not necessarily reflect the official views of the Organisation or of the governments of its member countries. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area.

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