Is there a right to life and a right to die?

2018 ◽  
pp. 193-212
Author(s):  
Frank Brennan
Keyword(s):  
Right To Die ◽  
Right To Life

scholarly journals EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM
Keyword(s):  
Human Rights ◽  
Good Death ◽  
Right To Die ◽  
Human Being ◽  
Right To Life ◽  
Indian Culture ◽  
International Convention ◽  
Hindu Religion ◽  
Mercy Killing ◽  
The Right

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

Law and Society - Euthanasia and Criminal Law

2018 ◽  
Vol 5 (2) ◽  
pp. 142-150
Author(s):  
Brunela Kullolli ◽  
lrjan Hysa
Keyword(s):  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Human Right ◽  
Positive Effects ◽  
Criminal Offenses ◽  
The Republic ◽  
The Right ◽  
Sustainable Protection ◽  
Protection Of Life

Abstract Euthanasia or "sweet death" is a topic that has sparked numerous debates throughout history. In Albania, the right to life is protected by Article 21 of the Constitution of the Republic of Albania. Regarding the individual's right to die in Albania, both forms of euthanasia, the passive and the active one, are considered criminal offenses and are punishable by law. The problem lies in the fact that such a definition is not found in the Albanian legislation, but such actions are considered as criminal by the interpretation of the law. In this topic we will study the perception of Albanians regarding euthanasia and whether the Albanian legislation should include this form of soft death or not. The protection of life in the country should take the dimensions of a sustainable protection. For this reason, in addition to the positive effects of improving life protection that derive from the application of the entirety of the various criminal justice programs and policies, also including the recent amendments to the Criminal Code of the Republic of Albania, a concrete and continuous protection should be provided in support of the right to life. I have always drawn a debate on this issue, which deals with the fundamental human right, with the most sacred right, that of life.

On the “Right to Death”

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Nikoleta Puleva ◽  
◽  
◽  
Keyword(s):  
Legal Framework ◽  
Right To Die ◽  
Controversial Issues ◽  
Right To Life ◽  
Human Value ◽  
The Republic ◽  
The Right

The right to life is a fundamental, personal, constitutionally secured right of persons, which has the highest level of protection against the truth of order. Art. 28 of the Constitution of the Republic of Bulgaria, arrange the right to life as an accessory to every person. It is not regulated by the Bulgarian government, which has been produced on its life – the right to die. Its legal framework would contribute to the contribute of controversial issues regarding a person’s attitude to the death of persons in order to protect the basic human value – life.

scholarly journals Practise & Belief of Santhara: Right to Die

2016 ◽  
Vol 5 (1) ◽  
pp. 49-62
Author(s):  
Choudhary Niharika ◽  
Singh Divyansh
Keyword(s):  
Supreme Court ◽  
Indian Subcontinent ◽  
Research Work ◽  
Right To Die ◽  
Right To Life ◽  
High Court ◽  
The Supreme Court ◽  
The Difference ◽  
The Right ◽  
Western Perspective

The article seeks to assert that the ritual of Santhara practiced by the followers of Jainism is not a suicide and discerns from the view of the Rajasthan High Court. The authors have used various sources on Santhara for research work and have analysed various case laws on right to die with dignity. At the outset, the article discusses the eminence of Santhara in Jainism. Further, it discusses the foundation of the ‘essential practice’ doctrine through various landmark judgements. The Rajasthan High Court has erred in holding that Santhara is not an essential practice in Jainism, when the same has been proved by Jain ascetics and religious denominations. The High Court ruling also contravenes the Supreme Court judgment, which holds that the right to life includes the right to a dignified life up to the point of death and would also encompass a dignified procedure for death. The article attributes the raison-d'être of the court, to the western perspective, overlooking the religious diversity of the Indian subcontinent and the various practices associated with different religions. Lastly, the article concludes that the Supreme Court needs * Third Year, BBA LLB, National Law University, Jodhpur, India; [email protected]  Third Year, BSc LLB, National Law University, Jodhpur, India; [email protected] to lay emphasis on the difference between essentially religious and secular practices and re-affirm the right of religious freedom.

4. Right to life and freedom from ill-treatment

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
European Convention ◽  
Right To Die ◽  
Controversial Issues ◽  
Human Beings ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
The Right

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to life and freedom from ill-treatment, considered the two most fundamental human rights premised on the idea of the inherent dignity of human beings. The chapter examines the right to life as elucidated in Article 2 of the European Convention on Human Rights (ECHR), along with the ECHR’s positive obligations. It also highlights exceptions in Article 2(2) and the European Court of Human Rights’ (ECtHR) adjudication on controversial issues as to when life begins and ends, including abortion, the right to die, and the death penalty. The chapter then examines Article 3 and the interpretation of the Article by the ECtHR. In addition, the chapter looks at the UK’s approach to freedom from ill-treatment and the right to life, and concludes with a discussion of the scope of Article 3 with regard to freedom from ill-treatment.

„Dobra śmierć” na tle regulacji prawnych w Polsce

2019 ◽  
pp. 173-188
Author(s):  
Joanna Grabowska ◽  
Anna Chodorowska
Keyword(s):  
Right To Die ◽  
Criminal Sanction ◽  
Right To Life ◽  
Second Person ◽  
On Demand ◽  
System A ◽  
Incurable Disease ◽  
The Will ◽  
Polish Law ◽  
The Right

The “right to life” of every human being, understood as independent of the will of the legislator, natural law, does not find in the current legal system a contrario, the “right to die”. In Polish law, not all forms of euthanasia are punishable. First of all, euthanasia is forbidden, i.e. killing a second person under the influence of compassion caused by a severe and incurable disease and related suffering, after the thought of art. 150 of the Act of 6 June 1997, the Penal Code. This is a privileged type of murder, i.e. threatened by a more lenient criminal sanction than an ‘ordinary’ murder. For the murder of euthanasia from 3 months to 5 years of imprisonment, however, there is the possibility of extraordinary mitigation of punishment, and even waiving its imposition. Of course, not every murder under the influence of compassion and on demand can be a milder responsibility for the offender. A person inflicted on demand by someone who is insane or moribund or underage will be an ‘ordinary’ murder. In addition, there must be serious reasons for the demand for homicide (severe suffering). It will not be euthanasia, but an ‘ordinary’ homicide committed at the request of eg a melancholy with a broken heart. Euthanasia is not only an action (eg injection of poison), but also abandonment (for example, not ordering a life-supporting drug – only for a doctor and nurse).

scholarly journals Eutanasia dan Hak Asasi Manusia

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 193
Author(s):  
Rospita A. Siregar
Keyword(s):  
Human Rights ◽  
Terminal Illness ◽  
Developed Countries ◽  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Normative Approach ◽  
Lethal Injection ◽  
Incurable Condition ◽  
The Right

A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe

UNDERSTANDING EUTHANASIA AND ITS HISTORICAL DEVELOPMENT

2019 ◽  
pp. 129
Author(s):  
Lelde Bartuša
Keyword(s):  
20Th Century ◽  
Historical Development ◽  
Right To Die ◽  
Right To Life ◽  
The Past ◽  
The Right

There are no normative provisions on patient euthanasia in Latvia. Consequently, the situation also arises that the concept and types of euthanasia are not forbidden, which creates a situation in which every individual understands this issue in public society's freedom. Consequently, some normative acts face controversy. For example, in relation to the patient's right to life and the right to die. In the context of historical development, the concept of "euthanasia" itself appeared only at the beginning of the 20th century; in the past, it was called "easy death" or "mercy".

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