Positivation of fundamental rights from the idea of human dignity

The objective was to demonstrate that positivation of Fundamental Rights is based on the idea of Human Dignity, in this way, Human Dignity is the essence of Fundamental Rights. For the development of the article the Inductive Method was used. The research was bibliographical and documentary. The idea of Human Dignity is present in the evolution of human thought as an ideal of coexistence. The article was divided into three items. The first presents the idea of Human Dignity, the second presents considerations on Fundamental Rights and the third relates Human Dignity to Fundamental Rights. It has been shown that Human Dignity is a condition of human existence. In the Science of Law it characterizes the human condition, which is why Dignity is a basic element in positivation. With the development of Constitutionalism, Human Dignity becomes the logical basis of Rights. There is no way to think of Fundamental Rights without the idea of Dignity. In this way, Dignity presents itself as a measure of Fundamental Rights and the violation of a fundamental right is directly linked to the offense against Human Dignity. In this way, the implementation of Fundamental Rights is the guarantee of the realization of Human Dignity.