Memorandum for the Petitioners | 89
8.46. In interpreting the legal responsibilities of respondent Carbon
Majors, the Honorable Commission should keep a dignity lens. Focusing on
human dignity would allow the Honorable Commission to see the
interdependence,
interrelatedness,
and
indivisibility
of all human rights,
which is how people experience them in everyday life. As explained by expert
resource person” to the Honorable Commission, Professor Erin Daly of the
Delaware Law School:
More nearly than any other human or legal right,
dignity expresses the human experience as humans
experience it. People don’t think in terms of what rights
have been violated. But they know when their dignity has
been violated, they know when a company produces
conditions that makes them feel less than human, or when
a government lets that happen. By focusing on what
matters most to people, which is being treated as a person
of worth, the law of dignity reminds us of what is really
at stake>® (Emphasis supplied)
8.47. As a legal right, the concept of human dignity means every
person has equal worth. The first element of the right to dignity is that each
person has value, that a person’s humanity has inherent worth, and that his or
her life matters. The second element is that each person’s worth is equal worth
to every other person’s,
else’ s.784
8.48.
and no one’s life is more
important than anyone
“Each person’s right to agency, to self-development, to choose
one’s life course is the same as every other’s.
Despite our differences, in
our humanity, we are all equal.”*®° The right to dignity, when applied to
individuals and groups, recognizes people’s intrinsic worth. As Professor
Daly stresses, “human dignity is what gives people the right to have
rights.’?%6
8.49. The right to dignity is not only relevant to the decisions people
make, but also to the quality of people’s lives. The right to dignity has also
been used to protect the irreducible minimum of the human condition. In
addition, dignity defines who we are as individuals and our relationship with
the natural environment. As the Supreme Court of Nepal stated: “Injot only
that, it cannot be imagined to live with dignity in a polluted environment
rather it may create an adverse situation even exposing human life to
382 An expert invited by the Honorable Commission to shed light on a particular relevant topic
383 Daly, E., supra note 379, p. 157.
384 dp. 155.
385 Ibid.
*6 Daly, E. and May, J. (September 2016), “Bridging Constitutional Dignity and Environmental Rights
Jurisprudence,” Journal of Human Rights and the Environment, Vol. 7 No. 2, available at
http://dx.doi.org/10.4337/jhre.2016.02.02 (last accessed 12 September 2019).
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