„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).

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

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.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

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.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

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.

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.

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.

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