Building a Qualitative Research Framework for Researching How Human Dignity is Realised in Judicial Proceedings†

Abstract

Abstract The relationship between the judge and the parties to judicial proceedings must entail communication, including appropriate reactions, during the proceedings and be balanced and respectful, despite different views being held. Irrespective of a judge disagreeing with the parties and any actions by the parties in breach of the law, the judge is supposed to provide the parties with a genuine sense of respect. Judges thereby help realise the human dignity of the individuals involved in judicial proceedings. However, the abstract nature of the concept of human dignity means empirical research on the realisation of human dignity remains modest at the scientific level. This article builds a research framework for researching the ways in which the human dignity of an individual (more specifically, the accused person) is realised in the vertical relationships (judicial authority–individual) during criminal proceedings. In this respect, the article opens the door for future empirical research on the realisation of human dignity.