Human Dignity in Norway

Abstract

Historically, Norwegian jurisprudence has been characterized by a strong legal positivist approach. Some scholars have argued that this has amounted to a rejection of anything that could not be positively verified, including notions of human rights, duties, and values. It is perhaps unsurprising then that Norwegian law, both legislation and case law, has historically made only very few references to the notion of human dignity. Human dignity is a concept that plays a much more limited role in Norwegian judicial reasoning than it does in other European countries. This animosity to rights discourse and value-based reasoning is dissipating, however, and this change is most evident in the recent 2014 amendments to the Norwegian Constitution. Among other significant changes, the Norwegian Constitution now includes a single reference to human dignity in relation to the rights of children in Article 104. This may mean that the concept of human dignity will come to play a much more significant role in Norwegian law in the coming years.

‘Prinsipper’, ‘alminnelige rettsgrunnsetninger’, ‘grunnleggende krav til rettssikkerhet’. Lenge nærmest tabubelagt – nå ord som spiller en økende rolle i rettsutviklingen. Enkelte fremhever den økende betydning av rettsprinsipper som ‘et av de væsentligste elementer i den senere tids udvikling inden for både retsteori og retspraksis’. Studier av norsk høyesterettspraksis etterlater det inntrykk at “alminnelige rettsgrunnsetninger” mv. er kommet til heder og verdighet igjen. (Graver 2006, p. 189–221)

(Translation: ‘Principles’, ‘general principles of law’, ‘basic requirements of due process’. Long almost taboo - now these words play an increasing role in the development of law. Some highlight the growing importance of legal principles as “one of the significant elements in the recent development of both legal theory and legal practice.” Studies of the Norwegian Supreme Court practice leaves the impression that “general principles of law”, are coming to honour and dignity again.)