To Be or Not to Be… a Parent? Abortion and the Right to Life within a European Union Legal Context

In 2015, legislation imposing a standardised packaging regime for tobacco products was passed by the United Kingdom Parliament. The Standardised Packaging of Tobacco Products Regulations 2015 (UK) came into effect fully from 21 May 2017 and were contested vigorously by the tobacco industry, both through the legislative consultation process and in the courts. This article focuses on the claim for judicial review brought by the industry against the Regulations, R on the Application of British American Tobacco Limited v The Secretary of State for Health. In that case, the introduction of standardised packaging was challenged on a number of grounds, including proportionality, compatibility with the right of property and with international and European Union rules on the protection of intellectual property. All these arguments were rejected in forceful terms by Green J in the High Court, and again on appeal, by the Court of Appeal. This article sets out the industry’s claims in detail and explores the grounds on which the legislation was upheld. It also outlines the European Union legal context within which the legislation operates, including the important judgment of the Court of Justice of the European Union in Philip Morris Brands SARL and Others v Secretary of State for Health (C-547/14). It is suggested here that the reasoning in these judgments may prove instructive well beyond the borders of the United Kingdom.

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Drone Deaths Violate Human Rights: The Applicability of the iccpr to Civilian Deaths Caused by Drones

International Human Rights Law Review ◽

10.1163/22131035-00602005 ◽

2017 ◽

Vol 6 (2) ◽

pp. 205-241

Author(s):

Jessica Lynn Corsi

Keyword(s):

Human Rights ◽

The United States ◽

Political Rights ◽

Humanitarian Law ◽

Right To Life ◽

Customary International Law ◽

Legal Context ◽

Drone Strikes ◽

The Right ◽

And Control

This article argues that the thousands of lethal drone strikes conducted since 2001 violate the International Covenant on Civil and Political Rights (iccpr), and in particular, the right to life. The analysis provided is also applicable to the right to life enshrined in customary international law and regional human rights treaties. While most legal and academic commentary on deaths caused by drones has focused on an international humanitarian law (ihl) framework—perhaps because the primary weaponised drone user, the United States, insists that this is the appropriate legal context—this article argues that a human rights framework for assessing lethal drone strikes is preferable, useful, and necessary. Not only is it likely that the so-called war on terror is a semantic rather than a legal war, the iccpr continues to apply during conflict. Moreover, opacity surrounds most lethal drone strikes, which the Trump administration appears likely to increase, while simultaneously reducing Obama-era safeguards. In that context, a human rights assessment, which will be inherently more stringent towards fatalities than an ihl framework, is urgently needed. The article concludes that the right to life attaches to everyone regardless of the territory in which they are targeted; that effective jurisdiction and control is satisfied upon ability to lethally target an individual; that relevant iccpr rights apply in ungoverned territories as well; and that the threat of terrorism does not displace these rights or the applicability of the iccpr.

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The Right to the Protection of the Unborn Child in the Context of the Judgment of the Polish Constitutional Tribunal of October 22, 2020 in the Case K 1/20

Politeja ◽

10.12797/politeja.18.2021.71.12 ◽

2021 ◽

Vol 18 (2(71)) ◽

pp. 225-240

Author(s):

Agnieszka Gajda

Keyword(s):

European Union ◽

Human Rights ◽

Unborn Child ◽

The European Union ◽

Right To Life ◽

European Culture ◽

Life Threatening ◽

Protection Of Human Rights ◽

Constitutional Tribunal ◽

The Right

The countries of the European Union have decided to share a peaceful future based on common values. However, there are still disputes over the understanding of the most fundamental issues related to the protection of human rights, including protection of the right to life. The author shows that the source of European culture is Christian. However, it is not the only source of shaping the values of Europe. As an example, she cites the differentiation of constitutional legal regulations or controversies related to the jurisprudence of the ECHR. She analyzes the judgment of the Polish Constitutional Tribunal declaring the unconstitutionality of the provisions allowing abortion if prenatal tests or other medical conditions indicate a high probability of a severe and irreversible fetal impairment or an incurable life-threatening disease. This judgment caused enormous opposition from a part of the society. This problem proves that a compromise has not yet been made on the issue of abortion. It is, therefore, difficult to claim that human rights protected in the European Union are given universal meaning.

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

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-1-28-32 ◽

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.

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QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

JURNAL INDO-ISLAMIKA ◽

10.15408/idi.v8i2.17550 ◽

2020 ◽

Vol 8 (2) ◽

pp. 97-108

Author(s):

Dinda Izzati

Keyword(s):

Political Rights ◽

Right To Life ◽

Economic Rights ◽

Christian Communities ◽

Basic Assumptions ◽

Eastern Indonesia ◽

The Republic ◽

Quo Vadis ◽

The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

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KEBIJAKAN MODERASI PIDANA MATI

Jurnal Yudisial ◽

10.29123/jy.v10i2.138 ◽

2017 ◽

Vol 10 (2) ◽

pp. 193

Author(s):

Mei Susanto ◽

Ajie Ramdan

Keyword(s):

Human Rights ◽

Death Penalty ◽

Capital Punishment ◽

Criminal Code ◽

Right To Life ◽

Life Imprisonment ◽

Research Results ◽

Moderation Model ◽

The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

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Standardy należytego uzasadnienia w świetle orzecznictwa Trybunału Konstytucyjnego i Europejskiego Trybunału Praw Człowieka

Studia Prawnicze / The Legal Studies ◽

10.37232/sp.2014.4.2 ◽

2014 ◽

pp. 33-48

Author(s):

Przemysław Florjanowicz-Błachut

Keyword(s):

European Union ◽

Human Rights ◽

Due Process ◽

Case Law ◽

Fair Trial ◽

Fundamental Rights ◽

European Convention ◽

European Court ◽

Judicial Reasoning ◽

The Right

The core function of the judiciary is the administration of justice through delivering judgments and other decisions. The crucial role for its acceptance and legitimization by not only lawyers, but also individulas (parties) and the hole society plays judicial reasoning. It should reflect on judge’s independence within the exercise of his office and show also judicial self-restraint or activism. The axiology and the standards of proper judicial reasoning are anchored both in constitutional and supranational law and case-law. Polish Constitutional Tribunal derives a duty to give reasoning from the right to a fair trial – right to be heard and bring own submissions before the court (Article 45 § 1 of the Constitution), the right to appeal against judgments and decisions made at first stage (Article 78), the rule of two stages of the court proceedings (Article 176) and rule of law clause (Article 2), that comprises inter alia right to due process of law and the rule of legitimate expactation / the protection of trust (Vertrauensschutz). European Court of Human Rights derives this duty to give reasons from the guarantees of the right to a fair trial enshrined in Article 6 § 1 of European Convention of Human Rights. In its case-law the ECtHR, taking into account the margin of appreciation concept, formulated a number of positive and negative requirements, that should be met in case of proper reasoning. The obligation for courts to give sufficient reasons for their decisions is also anchored in European Union law. European Court of Justice derives this duty from the right to fair trial enshrined in Articles 6 and 13 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. Standards of the courts reasoning developed by Polish constitutional court an the European courts (ECJ and ECtHR) are in fact convergent and coherent. National judges should take them into consideration in every case, to legitimize its outcome and enhance justice delivery.

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