고령 노인의 인간 존엄성 존중 - 자율성, 정체성, 취약성의 측면에서 -

Why does human dignity matter and what is human dignity? The concept of human dignity as an essentially contested concept has a complex structure, and therefore is difficult to define. Although the lack of a common definition led the different legal systems to give different and conflicting meanings to the concept, courts and citizens have invoked the notion of human dignity in many cases regarding the same-sex couples, patients, prisoners, detainee, asylum seekers, and people wishing to end their lives. Human dignity has a core meaning, which pertains to all human beings to the same extent. That is, human dignity refers to a kind of dignity that we all have just because we are all human beings. The question which this article deals with is: is there a dignity particularly to older people, which requires that special attention be paid to them? To approach and answer the question, i.e. a specific dignity that pertains to older people, we should take the trajectory of human life into account and incorporate this fact into the dignity of older people. Then, an account of the specific dignity of older people should be constructed on the basis of three aspects that human dignity has: personal autonomy and self-determination, mutual relationship and dependence, and vulnerability. Especially, the aspects of dependence and vulnerability have a special significance to the dignity of older people in modern societies that place the highest value on features as independence, competence and productivity. For the protection and promotion of the dignity of older people our legal system should take the dependence and situational vulnerability of older people seriously.