Juma Ali Haqani, belalahmad khatir
Human
dignity holds a pivotal position in the international human rights system and
its associated instruments. It serves as the bedrock upon which human rights,
privileges, and obligations are founded, to the extent that values like
justice, liberty, and equality cannot be realized without it. In criminal law,
human dignity is of paramount importance. It plays a fundamental role in the
formation, modification, interpretation, justification, and legitimacy of
criminal laws. Human dignity sets standards for criminal laws and prevents
arbitrary and discriminatory intrusions by criminal law into the personal freedoms
of citizens. Accordingly, Afghan law, in alignment with international
instruments and considering the historical foundations and developments of
human dignity in criminal law, has established criteria and standards such as
justice, freedom of expression, equality, and fairness. It has also prohibited
cruel, inhuman, or degrading treatment or punishment, as well as double
jeopardy, torture, and other forms of abuse. Moreover, it has limited the
absolute and exclusive criminal jurisdiction of states. This has contributed to
greater convergence in the global process of criminal law. However, certain
practices in Afghan law and international instruments, such as the death
penalty, qisas (retribution), and amputation, remain at odds with the principle
of human dignity. This research, employing a descriptive-analytical method,
examines these discrepancies between Afghan law and international instruments
in the realm of human dignity.
Keywords: Human dignity, criminal law, international instruments,