Human Dignity and Care: A New Human Right for an Innate Human Need

Abstract

This article aims to argue for the legal recognition of caring as an autonomous human right, based on its ontological and practical connection to human dignity. Using a legal-philosophical methodology grounded in historical-conceptual analysis, Kantian deductive reasoning, and comparative legal review, the study traces the evolution of the notion of dignity from a merit-based understanding to one of inherent, inalienable value. This shift enables the integration of caring as a fundamental expression of human dignity, given that every human being, from gestation to old age, experiences vulnerability requiring the care of
others. The article further demonstrates that caring is not merely a biological or social necessity but a deeply rooted
anthropological constant, evidenced through findings in zoology, anthropology, and bioethics. It concludes that International Human Rights Law must move beyond partial acknowledgments and formally enshrine the right to care as an autonomous and enforceable human right. Such recognition would protect both the care recipient and the caregiver, solidifying a legal paradigm grounded in the inherently social, interdependent, and dignified nature of human existence.