Implications of Prenatal Diagnosis for the Human Right to Life

1973 ◽  
pp. 185-199 ◽  
Author(s):  
Leon R. Kass
Keyword(s):  
Prenatal Diagnosis ◽  
Right To Life ◽  
Human Right

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

scholarly journals Coupling and Deviating of Altruism-Voluntariness Relationship in Organ Transplantation

2021 ◽  
Author(s):  
Mesut Güvenbaş ◽  
Omur Sayligil
Keyword(s):  
Organ Transplantation ◽  
Living Donor ◽  
Living Donors ◽  
Indirect Utility ◽  
Universal Principle ◽  
Right To Life ◽  
Human Right ◽  
Real Situation ◽  
New Approach ◽  
The Right

Organ transplantation is an issue that concerns two people (donor and recipient) at the same time in terms of the right to life, which is the most basic human right. The direct utility arising from organ transplantation involves the patient to whom the organ is transplanted, and the indirect utility relates to the donor. Today, the decision to obtain an organ from a living donor is based on the idea of doing something good by those who sacrifice themselves for their relatives. The person who donates an organ treats their body as an instrument and uses their willpower on it. If the statement “I will care about the health of others” is accepted as a universal principle, it will be very important to establish a balance between the duty of caring for the health of others and protecting one’s own health. If we want to introduce a new approach to be adopted in the assessment of living donors in society, we must look at the real situation in terms of utility, altruism, and volunteering. This Chapter thus evaluates organ transplantation from living donors in terms of utility, altruism, and volunteering.

scholarly journals RIGHT TO FOOD FOR ALL IN INDIA: MYTH OR REALITY

2018 ◽  
pp. 178-189
Author(s):  
Grishma Soni ◽  
Prachi V. Motiyani
Keyword(s):  
Carbon Dioxide Emission ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
Complex Issue ◽  
The People ◽  
The World ◽  
The Government ◽  
The Right ◽  
The Impact

As we all know that food is the basic Human necessity, without which no one can survive. Making food available for all the people in the world is now days becoming a complex issue. The availability food is decreasing as a result of increase in population that will result in food insecurity or malnutrition. Indian constitution interprets the right to food as part of right to life, which is fundamental human right. Change in climate, the impact of globalization, Global Warming, Carbon dioxide emission from fuel etc. also affects the right to food of many people. This paper examines the situation prevailing in India and looks into the obligations and initiatives by the government of India to ensure Right to Food and make suggestions for addressing the issue and examines the possible way to make the scheme workable to achieve food security.

Human death or brain death? Christian view. Part II. Death criterion problem

2019 ◽  
pp. 75-96
Author(s):  
Дамиан Воронов
Keyword(s):  
Brain Death ◽  
Health System ◽  
Final Phase ◽  
Right To Life ◽  
Human Right ◽  
Ethical Assessment ◽  
Life And Death ◽  
Christian View ◽  
Fundamental Freedoms ◽  
Human Death

Вторая часть статьи посвящена анализу фундаментальной этико-мировоззренческой проблемы медицинской этики, находящей своё отражение в отношении врача к вопросам жизни и смерти, актуализируя проблемы трансплантологии. Основным положением ключевых международных документов в связи с применением научно-технических достижений в сфере биологии и медицины является защита достоинства и индивидуальной целостности человека, гарантируемое всем без исключения соблюдение неприкосновенности личности и прочих прав и основных свобод. Рассматриваемая проблема напрямую затрагивает права, свободы и достоинство человека. Право человека на жизнь, воспринимаемое высшей ценностью и охватывающее все этапы земного бытия, как правило, не оспаривается обществом и не вызывает сомнений. Тотальная технологизация порождает новые вопросы о праве человека свободно распоряжаться не только своей жизнью, но и смертью. Помимо этической оценки права человека на жизнь, автор даёт христианскую оценку такой заключительной фазе человеческого бытия как умирание, в связи с чем остро выступает проблема установления границ жизни и смерти, поскольку именно на ней делаются гуманистические акценты современной прагматичной системы здравоохранения. The second part of the article is devoted to analyzing the fundamental ethical and ideological problems of medical ethics, which are reflected in a physician’s attitude to the issues of life and death, thereby actualizing the problems of transplantology. The main provision of key international documents concerning the application of scientific and technological achievements in the field of biology and medicine are: the protection of the dignity and individual integrity of the person, guaranteed to all, without exception; the respect for the integrity of the person and other rights and fundamental freedoms. The problem in question directly affects the rights, freedoms and dignity of the person. The human right to life, perceived as the highest value and encompassing all stages of earthly existence, as a rule, is not disputed by society and is not in doubt. Total technologization raises new questions about the human right to freely dispose of not only his life, but also death. In addition to the ethical assessment of the human right to life, the author gives a Christian assessment of such a final phase of human existence as dying, in connection with which the problem of establishing the boundaries of life and death is catalyzed due to the fact that this problem in particular is the particular focus of humanistic scrutiny of the modern pragmatic health system.

scholarly journals Right to abortion in modern law and in the practice of the European Court of Human Rights

2021 ◽  
pp. 159-170
Author(s):  
Majida Lubura
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Human Right ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
European Court ◽  
Scientific Disciplines ◽  
The Right

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

scholarly journals Conflict, Livelihood Security and Children in the Conflict Affected Kokrajhar District BTAD, Assam

2017 ◽  
Vol 7 (2) ◽  
pp. 138
Author(s):  
Surashree Pathak
Keyword(s):  
Child Marriage ◽  
Civil Infrastructure ◽  
Right To Life ◽  
Human Right ◽  
Child Trafficking ◽  
Loss Of Life ◽  
Livelihood Security ◽  
The People ◽  
Mass Displacement ◽  
The Government

<div><p><em>This paper is an attempt to investigate into the livelihood insecurity of the people living in conflict prone areas and its resultant impact on the overall wellbeing of the children of the area. It focuses mainly on two communities in Kokrajhar district of Assam i.e. the Bodos and the immigrant Muslims which have experienced series of conflicts in the recent decades. Generally the first priority in conflict prone areas is the immediate concern of the Government and Non Government actors is focused on the immediate loss of life and property. The sufferings of the survivors of conflict however go unnoticed. The survivors are the worst victim of conflict. The conflicts have led to mass displacement of people from both the communities forcing them to leave their homes and to live in makeshift camps. The victims living in the camps are deprived of basic human right to life and livelihood. Many of them are living in the relief camps for more than a decade, with no scope for education and skill development for getting a dignified livelihood opportunity. Even those who are not displaced or have returned to their villages lost their livelihood due to the breakdown of the civil infrastructure. The livelihood insecurity of the parents lead to serious child right violation in the conflict affected area. Several unwelcome consequences like child trafficking, child marriage, child labour can be seen in the area. this paper tries to capture the actual picture from the study area.</em></p></div>

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