Legal Protection of Human Dignity: Starting from Regulating "Hate Speech"

HUANG Wenting

Abstract: The legal protection of human dignity can be explored from the perspective of regulating “hate speech.” The practices of most countries worldwide demonstrate that human dignity serves as a fundamental value limiting the freedom of expression. Legally protected human dignity encompasses three levels of meaning: the dignity of life as an inherent aspect of human existence, the dignity of individuals as members of specific groups, and the personal dignity of individuals as unique beings. These three levels collectively emphasize the principle that human beings are ends in themselves, underscoring that individuals must not be degraded to mere means or subjected to harm. The inherent nature of human dignity necessitates its protection by both the state and societal entities. Traditionally, the safeguarding of human dignity has primarily depended on state intervention. However, with the advent of the digital age, this responsibility has increasingly extended to social entities, imposing changes of enhanced and expanded obligations of respect. Consequently, the key to protecting human dignity lies in adjusting the allocation of responsibilities between the state and society in accordance with the development of the times. Under the guidance of human dignity as a constitutional value, China should focus on establishing a comprehensive protection system by improving legislation, law enforcement, and judicial practices. This includes specifying the obligations of social entities and constructing multi-level regulatory mechanisms to form an effective system of protection by the state and society.

Keywords: human dignity · legal protection · "hate speech" · state obligation · social responsibility