The Protection of Human Dignity and Personality Rights in the Context of Conflict of Laws

Abstract

Human dignity, as a core value of both international and domestic law, demands effective legal protection of personality rights in cross-border situations. This paper examines how private international law addresses conflicts of laws regarding violations of privacy, honor, image, and personal identity in a digitalized and globalized world. It explores the applicable law criteria (lex loci delicti, law of the domicile, party autonomy) and the limits of conflictual autonomy when fundamental rights are at stake. The paper suggests a balanced approach that reconciles state sovereignty with international imperatives regarding personality rights, especially in cases involving extraterritorial elements (e.g., online defamation, unauthorized image publication, commercial misuse of names).