Kopaonik school of natural law perception of dignity and legal discourse in Europe

Abstract

This article explores divergences between the legal perception on dignity held by the Kopaonik School of Natural Law, which is compliant to the Draft of Serbian Civil Code and the legal discourse that is effective at the level of the Council of Europe and/or the European Union. The main feature of the former is the recognition of the dignity status only to persons, and not beyond that formal category. Suchlike position on human dignity has been examined from the perspective of contemporary legal theory; the regional legal texts in Europe which emphasize the instruments referring to the field of biomedicine; the case law of the European Court on Human Rights (hereinafter: the Court); and the case law of the European Court of Justice (hereinafter: ECJ). The objectives of the research are to demonstrate that insular understanding of the agents of dignity is not tenable. The conclusion reached through the discussion is that restrictive normative tendencies on dignity agents cannot escape a criticism that includes the lack of an adequate definition; elitist undertones; discriminatory foundations; and the incompatibleness with international obligations of Serbia.