scholarly journals LIFE AND THE RIGHT TO LIFE AS THE BASIC CONSTITUTIONAL RIGHT OF A PERSON

2021 ◽  
pp. 14-26
Author(s):  
Сібілла Булеца
Keyword(s):  
Human Rights ◽  
The State ◽  
Free Access ◽  
Structural Method ◽  
Right To Life ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
Constitutional Right ◽  
The Right

The purpose of this article is to study the concept of life and the constitutional right to life, define their essence, the relationship of these concepts, disclose their features, as well as the experience of the European Court of Human Rights in their protection. In the context of disclosing the subject of research to achieve the goal of scientific research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are characteristic of legal science. In particular, the origin and long historical path of development of these human rights were studied with the help of the historical method. The use of the system-structural method formulated the general structure of the study, and dialectical method analyzed the provisions of law and case law on the peculiarities of the right to life. Using a comparative legal method, the legislation of foreign countries was analyzed, which provided an opportunity to use their positive experience in terms of protection of the right to human life. This article reveals the scientific approaches of researchers to determine the essence of life, the right to life, death, identifying their features and distinguishing between them. The paper analyzes ways to protect the right to life. A great deal of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights, both in general and on the feasibility of the existence of certain criteria for restricting the right to life. Based on the study, it is concluded that life and the right to life are similar concepts. It is argued that restrictions on the right to life due to a pandemic are possible if the disease is confirmed. In all other cases, the state must provide free access to coronavirus testing, in the case of a negative test, the opportunity to freely exercise the right to life. It is noted that a significant number of foreign countries provide for the right to life in the constitutions, but there are countries where the right to happiness or physical well-being is still being developed. It is well known that everyone has the right to happiness, which is different for everyone, so the creation of a mechanism to ensure and respect the right to life rests with the state and the individual.

scholarly journals The Correlation Between the Right to Death and the Right to Dignified Death

Medicne pravo ◽  
2021 ◽  
pp. 9-18
Author(s):  
S. B. Buletsa
Keyword(s):  
Human Rights ◽  
General Structure ◽  
Structural Method ◽  
Right To Die ◽  
Historical Method ◽  
Incurable Disease ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
The Right

In order to examine the object of research, and both to achieve the goal of research and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are peculiar to legal science. In particular, the origin and long historical path of development of certain human rights were studied with the help of the historical method. On the basis of system-structural method there has been formulated the general structure of the study; with the help of dialectical method the author has analyzed the provisions of law and case law on the pecularities of the right to die. The analysis of the legislation of foreign countries has been provided using comparative legal method, which have made it possible to recall their positive experience in terms of analysis of the right to death. This article reveals the scientific approaches of researchers to determine the nature of death, the right to die, the right to a dignified death, to identify features thereof and to provide distinction between them. The paper analyzes ways to protect the right to die. Part of the work is devoted to the analysis of the law enforcement practice of the European Court of Human Rights on the possibility and expediency of the existence of certain criteria for restricting the right to life. Based on the study, it has been concluded that death and the right to die, the right to die and the right to a dignified death are correlated as primary and secondary, i.e., the right to die includes all these concepts. They cannot exist without each other. In different countries they are interpreted differently, but the main feature thereof is the free will of a person, who has an incurable disease, to die. It has been argued that the term right to a dignified death is the most appropriate to use. It has been noted that a significant number of foreign countries provide for the right to die and euthanasia.

scholarly journals «SUCCESS FEE» AS AN IMPORTANT COMPONENT OF ENSURING THE CONSTITUTIONAL RIGHT OF A PERSON TO PROFESSIONAL LEGAL ASSISTANCE

2021 ◽  
pp. 49-58
Author(s):  
Віктор Заборовський
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
General Structure ◽  
Significant Part ◽  
Structural Method ◽  
Legal Assistance ◽  
Legal Method ◽  
European Court ◽  
Foreign Countries ◽  
The Law

The purpose of this article is to study the legal essence of such a method of calculating the lawyer's fee as «success fee», disclosing its positive and negative features, as well as the experience of the European Court of Human Rights and the experience of foreign countries in its application. In the context of disclosing the subject of research, both to achieve the goal of scientific work and to ensure the completeness, objectivity, reliability and persuasiveness of the results, the author used a set of general and special methods that are characteristic of legal science. In particular, the origin and long historical path of development of this legal institution were studied with the help of the historical method. The system-structural method made it possible to formulate the general structure of the study, and the dialectical one – to analyze first of all legislative provisions and jurisprudence on the possibility of using the «success fee» as a way to calculate the lawyer's fee. Using a comparative legal method, the legislation of foreign countries was analyzed, which provided an opportunity to use their positive experience in terms of calculating the amount of attorney's fees. This article discloses the scientific approaches of researchers to determine the nature of the expenses on legal assistance primarily concerning the nature of the «success fee», its positive and negative features, as well as analyzes the provisions of domestic and foreign legislators on the possibility of consolidating in the contract for legal assistance a condition that indicates such a way of calculating the amount of wages of a lawyer as a «fee for success». Significant part of the work is devoted to the analysis of the law enforcement practice of Ukrainian courts and the European Court of Human Rights, both in general as to the possibility and expediency of the existence of certain criteria for limiting its size. It is noted that a significant number of foreign countries do not prohibit the possibility of using the «success fee», taking into account the existence of certain restrictions concerning the categories of cases, or the perception of it as an additional reward. This article discloses the scientific approaches of researchers to determine the nature of the expenses on legal assistance primarily concerning the nature of the «success fee», its positive and negative features, as well as analyzes the provisions of domestic and foreign legislators on the possibility of consolidating in the contract for legal assistance a condition that indicates such a way of calculating the amount of wages of a lawyer as a «fee for success». Significant part of the work is devoted to the analysis of the law enforcement practice of Ukrainian courts and the European Court of Human Rights, both in general as to the possibility and expediency of the existence of certain criteria for limiting its size. It is noted that a significant number of foreign countries do not prohibit the possibility of using the «success fee», taking into account the existence of certain restrictions concerning the categories of cases, or the perception of it as an additional reward.

scholarly journals Right to life and possible interference in its implementation: Constitutional and legal aspect

2021 ◽  
Vol 21 (4) ◽  
pp. 453-457
Author(s):  
Marina L. Voronkova ◽  
Keyword(s):  
Death Penalty ◽  
Russian Federation ◽  
Legal Aspect ◽  
The State ◽  
Human Embryos ◽  
Right To Life ◽  
Legal Method ◽  
The World ◽  
The Russian Federation ◽  
The Right

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.

scholarly journals Makuchyan and Minasyan v Azerbaijan and Hungary: Novel Questions of State Responsibility, Presidential Pardon, and Due Diligence of Sentencing Transfer Meet in a Rare Case of the Right to Life

2021 ◽  
pp. 1-16
Author(s):  
Kushtrim Istrefi ◽  
Cedric Ryngaert
Keyword(s):  
Human Rights ◽  
Rare Case ◽  
Legal Issues ◽  
State Responsibility ◽  
Due Diligence ◽  
Prison Sentence ◽  
Right To Life ◽  
Fourth Section ◽  
European Court ◽  
The Right

Judgment: European Court of Human Rights, Makuchyan and Minasyan v Azerbaijan and Hungary 17247/13 (ECtHR, 26 May 2020) Judgment (Merits and Just Satisfaction). Section of the Court: Chamber (Fourth Section). Applicable Convention Rights: Article 2 echr – violation of procedural obligations by Azerbaijan, no violation of substantive obligations by Azerbaijan, and no violation of procedural obligations by Hungary. Article 14 echr and Article 2 echr – violation by Azerbaijan. Article 38 – no violation by Azerbaijan or Hungary. Primary Legal Issues: Did Azerbaijan acknowledge and adopt the conduct of R.S. in question as its own, and does that violate substantive obligations under Article 2 echr; Did Azerbaijan violate the procedural limb of Article 2 by pardoning and releasing R.S. following his transfer from Hungary to Azerbaijan to serve the prison sentence; Did Hungary violate the procedural limb of Article 2 because of failing to secure specific diplomatic assurances that Azerbaijan will not release R.S. upon his transfer. Link to Case: <http://hudoc.echr.coe.int/eng?i=001-202524>.

New Trends in Religious Liberty and the European Court of Human Rights

2010 ◽  
Vol 12 (3) ◽  
pp. 266-279 ◽  
Author(s):  
Ian Leigh
Keyword(s):  
Human Rights ◽  
Religious Education ◽  
Military Service ◽  
Religious Freedom ◽  
Religious Affiliation ◽  
The State ◽  
Religious Liberty ◽  
European Convention ◽  
European Court ◽  
The Right

This article analyses recent trends in the jurisprudence of the European Court of Human Rights concerned with the right to freedom of thought, belief and religion (Article 9, European Convention on Human Rights) and the right of parents to respect by the state for their religious and philosophical views in the education of their children (Article 2, Protocol 1).1 These developments include notable decisions concerned with protection from religious persecution in Georgia, with religious education in Norway and Turkey and with the display of crucifixes in state schools in Italy. It is apparent that the European Convention religious liberty jurisprudence increasingly stresses the role of the state as a neutral protector of religious freedom. For individuals religious freedom is now also recognised to include not only the right to manifest their religious belief but also freedom from having to declare their religious affiliation. As the religious liberty jurisprudence comes of age, other significant developments, for example in relation to conscientious objection to military service, can be anticipated.

Çiçek v. Turkey

2001 ◽  
Vol 12 (1-2) ◽  
pp. 85-91
Keyword(s):  
Human Rights ◽  
Mental Distress ◽  
Use Of Force ◽  
The State ◽  
Human Rights Violations ◽  
Right To Life ◽  
The Face ◽  
Effective Remedy ◽  
The Right

The State was responsible and had not provided any explanation of what occurred after persons were taken into detention and had not attempted to justify the lethal use of force, causing a violation of the right to life. State authorities are obligated to conduct some form of effective official investigation when individuals are killed as a result of the use of force. The uncertainty, doubt and apprehension which a mother of victims of grave human rights violations and herself the victim of the authorities' complacency in the face of her distress had suffered over a prolonged and continuing period of time had undoubtedly caused her severe mental distress and anguish. The authorities are required to take effective measures to safeguard against the risk of disappearance and to conduct a prompt effective investigation into an arguable claim that a person had been taken into custody and had not been seen since. Where the relatives of a person has an arguable claim that the latter had disappeared at the hands of the authorities, the notion of an effective remedy entailed, in addition to the payment of compensation where appropriate, a thorough and effective investigation capable of leading to the identification and punishment of those responsible.

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.

Does the Unborn Child Have a Right to Life? The Insufficient Answer of the European Court of Human Rights in the Judgment Vo v. France

2006 ◽  
Vol 7 (4) ◽  
pp. 433-444 ◽  
Author(s):  
Jakob Pichon
Keyword(s):  
Human Rights ◽  
Pregnant Woman ◽  
Criminal Code ◽  
European Convention ◽  
Unborn Child ◽  
Criminal Proceedings ◽  
Right To Life ◽  
European Court ◽  
French Court ◽  
The Right

In the July 8, 2004 case of Vo v. France, the European Court of Human Rights (“ECtHR”) dealt with the question of whether the embryo/fetus (“the fetus”) enjoys the protection of the right to life provided by Article 2 of the European Convention on Human Rights (“the Convention”). Below, a pregnant woman lost her fetus due to an error made by the attending doctor, and the Cour de Cassation, the French court of last instance, acquitted the doctor of involuntary homicide on the grounds that a fetus is not a person within the meaning of the French Criminal Code. Claiming a violation of her child's right to life within the meaning of the Convention, the woman appealed to the ECtHR. The ECtHR left open the question whether or not a fetus falls within the scope of Article 2; declaring that, even assuming Article 2 was applicable to a fetus, there had been no failure by France to comply with its obligations under Article 2, because the ECtHR deemed the institution of criminal proceedings unnecessary. Rather, it considered the possibility for the applicant to bring an action for damages as sufficient and therefore found that there had been no violation of the fetus's right to life.

Asserting the Right to Life (Article 2, ECHR) in the Context of Industry

2007 ◽  
Vol 8 (3) ◽  
pp. 231-253 ◽  
Author(s):  
Dimitris Xenos
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
European Convention ◽  
Right To Life ◽  
Liberal Tradition ◽  
European Court ◽  
Active Protection ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

In the liberal tradition, there has always been scepticism about the state's involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildiz v. Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.

Sign in / Sign up

Export Citation Format

Share Document