The Universal Declaration of Human Rights in medical-ethical perspective

1999 ◽  
Vol 48 (1) ◽  
pp. 49-59
Author(s):  
Willem J. Eijk
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
Choice Theory ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Right To Life ◽  
Ethical Perspective ◽  
Surgical Interventions ◽  
Definition Of ◽  
The Right

Notwithstanding its impressive achievements in combating crimes against humanity, the Universal Declaration of Human Rights offers no sufficient basis for medical ethics. It does not provide a clear definition of the human being who is subject of human rights, thus giving room for philosophical anthropologies according to which fetuses or neonates are no human persons yet or at most ‘marginal persons’. Because the Declaration likewise fails to define the concept of right, it can be interpreted from the perspective of classical theories of right as well as from that of the ‘choice theory of right’. If, as the last states, the right to life would include the right to dispose of it, the Declaration could serve to defend euthanasia, assisted suicide and manipulative medical and surgical interventions as well.

The International Convention for the Protection of All Persons from Enforced Disappearance, as a Victim-Oriented Treaty

2018 ◽  
Author(s):  
Emmanuel Decaux
Keyword(s):  
Human Rights ◽  
Precise Definition ◽  
Crimes Against Humanity ◽  
International Human Rights ◽  
International Convention ◽  
International Human ◽  
Definition Of ◽  
The Right

The chapter is a presentation of the newest international human rights treaty, which entered into force in 2010. It is a very innovative and modern instrument, with a precise definition of the victim of a crime of enforced disappearance, as an autonomous crime, and a broad codification of the ‘right to truth, to justice and to reparation’ enshrined in article 24 of the treaty. As the ILC is working on the draft of an international convention for the prevention of crimes against humanity, it is important to avoid watering down the key legal progress enshrined in the International Convention for the Protection of All Persons from Enforced Disappearance.

Право на жизнь как ценность

2018 ◽  
Author(s):  
Анастасия Сергеевна Шабанова
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Health Protection ◽  
Personal Integrity ◽  
Right To Life ◽  
Legal Science ◽  
Definition Of ◽  
The Individual ◽  
The Right

The right to life is the highest value, is the basis of all other human rights and freedoms, but Russian legislation does not contain a definition of a person's life. In legal science, the right to life is interpreted as the right of the individual to freedom and personal integrity, health protection, reducing the problem to the abolition of the death penalty and euthanasia. The article deals with issues that are especially relevant in connection with the development of artificial methods of reproduction: from when does the right to life arise and whether the embryo has a legal value.

Dignity

2021 ◽  
pp. 107-160
Author(s):  
William A. Schabas
Keyword(s):  
Human Rights ◽  
Medical Treatment ◽  
Capital Punishment ◽  
Human Dignity ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Human Right ◽  
Per Se ◽  
The Right

Human dignity is not necessarily treated as a human right per se, but it may describe in particular several of the most fundamental rights that concern physical and psychological integrity: the right to life, the prohibition of torture and ill treatment, the prohibition of slavery and servitude, the right to liberty and security, and the recognition as a person before the law. Within these rubrics, some quite specific issues are addressed including the resort to capital punishment and other extreme penalties, the criminalisation of genocide, and the imposition of medical treatment. The references to dignity in the Universal Declaration of Human Rights appear to make up for the absence of any recognition of a supreme being,

The Right to Life at Sea Seventy Years after the Proclamation of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 149-154
Author(s):  
Giorgia Bevilacqua
Keyword(s):  
Human Rights ◽  
International Community ◽  
Universal Declaration ◽  
Law Of The Sea ◽  
Special Significance ◽  
Right To Life ◽  
The Mediterranean ◽  
The Law ◽  
The Right ◽  
Multilateral Treaties

The Universal Declaration of Human Rights was proclaimed on 10 December, 1948, in order to offer a common standard of achievements in the context of fundamental human rights all peoples and all nations of the word. Of the rights universally recognized in the Declaration, the right to life presented a special significance in response to the atrocities and barbarous acts which preceded its proclamation: the right to life is irreversible and essential to the enjoyment of any other rights. In addition to the Universal Declaration, the right to life is stipulated in several multilateral treaties that confirm the relevance of the right to life for the entire international community. And even though none of these treaties includes the right to life at sea, the UN Convention on the Law of the Sea sets out the duty to rescue people in distress at sea. In light of the persistent migratory crisis in the Mediterranean, as well as of the tendency to manage migration through activities of securitization, this paper aims to share some reflections on the current meaning of the obligations undertaken by the majority of States in the last 70 years in relation to the right to life.

scholarly journals Challenges of criminalization protest and corruption by looking at international documents

2019 ◽  
Vol 4 (22) ◽  
pp. 140-148
Author(s):  
Mina Torabi ◽  
Mohammad Javad Jafari ◽  
Masood Ghasemi
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Legal System ◽  
Penal Code ◽  
Universal Declaration ◽  
The Political ◽  
Right To Life ◽  
Critical Step ◽  
The Right

With the passage of the Islamic Penal Code of 1992, the legislator took a critical step contrary to the provisions of international documents such as the Political and Civil Covenant and the Universal Declaration of Human rights and other documents criminalize behaviors that are critical of human rights, both in terms of punishment and in non-compliance with the principles and principles of criminality. As provided in Article 286 for severe on-the-ground corruption with a view to development in various fields, the death penalty has been specified. The perpetrators of these crimes and deviations from the substantive principles of security crimes, such as riots and corruption on earth, present challenges that will be addressed in this article, first explaining the importance of the right to life and the death penalty in international documents and the Iranian legal system.

scholarly journals Violation of The Universal Declaration of Human Rights 1948 for Crimes Against Humanity in Myanmar and China

Jurnal Selat ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 200-217
Author(s):  
Fithriatus Shalihah ◽  
Muhammad Raka Fiqri ◽  
Mohd. Arief
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Secondary Data ◽  
Universal Declaration ◽  
Crimes Against Humanity ◽  
Human Rights Violations ◽  
Decent Life ◽  
The United Nations ◽  
The Government ◽  
The Right

Since the birth of the Universal Declaration of Human Rights in 1948, it has been a marker and guide in which it is hoped that in the future, there will be no more violations of human rights around the world, every human being has the right to a decent life and a peaceful life, free to embrace religion and life without discrimination, But this is not the case in Myanmar and China. So far, various facts have shown human rights violations committed by the Government of Myanmar and China, acts of discrimination, restrictions on freedom of religious rituals, and acts of severe crimes against humanity such as Genocide. Countries that should be the subject of international law that protects the human rights of their citizens are perpetrators of human rights crimes against them, international organizations such as the United Nations cannot do much in dealing with human rights violations and crimes against humanity that occur, this paper will discuss how the judicial review of UDHR violations against crimes against humanity that occurred in Myanmar and China and how the United Nations should play a role. The research method used is normative legal research using secondary data, primary legal materials, namely the 1948 UDHR and international legal instruments, and secondary legal materials of a literary nature such as books, journals, articles, and newspapers from internet sites that the author considers relevant related to the object written discussion.

scholarly journals From the rights of man to the human rights: Man - nation - humanity

2008 ◽  
Vol 19 (1) ◽  
pp. 111-151 ◽  
Author(s):  
Adriana Zaharijevic
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Right To Life ◽  
Universal Human Rights ◽  
The Right ◽  
Fundamental Requirement ◽  
Simultaneous Evolution

The insistence on the fact that human rights and the rights of man (codified in The Universal Declaration of Human Rights and Declaration of the Rights of Man and of the Citizen, respectively) are not one and the same, which could be deduced from the notion of man common to both terms, is the key thesis of this text. By developing this motive, I try to determine the following: that the notion of man, by definition inclusive and abstractly non-discriminative term, is in fact established on tacit exclusions in the time of its inception (Enlightenment revolutinary era), and it was only upon these exclusions that the term man could have signified "the free and equal". Although the parallel or simultaneous evolution and implementation of the rights of man and national rights might seem contradictory, I seek to demonstrate that this paradox is only ostensible, arguing that the notion of man is itself limited and exclusionary, and is therefore compatible with the exclusivity which is the conditio sine qua non of nation. The consequences of nationalism - World Wars, primarily - proved that the conception of liberty and equality, based on the conception of fraternity of men (white European males), and of partial democracy pretending to be universal, cannot be maintained any further. Codification of universal human rights represents a reaction to this internal discrepancy inasmuch as it is a reaction to the destructiveness of all kinds of nationalisms. The notion of life, developed in this text, corresponds to the fundamental requirement for the right to life (as the first and the most basic of all human rights), which no longer belongs to "man", but to everyone.

scholarly journals Prospects of decriminalization and legalization of euthanasia in Ukraine

2021 ◽  
pp. 55-60
Author(s):  
A.P Lutsenko ◽  
D.I. Khairullina
Keyword(s):  
Human Rights ◽  
Assisted Suicide ◽  
State Level ◽  
Legal Framework ◽  
Legal Regulation ◽  
The State ◽  
Constitutional Court ◽  
Right To Life ◽  
Human Right ◽  
The Right

This article is devoted to the study of the legal regulation of the institution of euthanasia in foreign practice and in Ukrainian law. We conducted a thorough analysis of the existing arguments for and against the legalization of the assisted suicide procedure, which have developed in scientific doctrine. Given the importance of the right to life in the fundamental human rights system, deprivation of any life is unacceptable, as it could set a precedent that would lead to the abuse of criminal intent by the possibility of masking premeditated murder with voluntary consent to accelerate biological death. That is why today in Ukraine deprivation of life at the request of a person is a crime, namely premeditated murder, and therefore euthanasia at the state level is now criminalized. However, after analyzing the views of scholars studying the dynamics of human rights, as well as paying attention to the practice of countries that have already legalized euthanasia at the state level, we concluded that assisted suicide today is a powerful mechanism that can guarantee the human right to a dignified existence at the end of her life. A number of foreign countries have shown by their example that the legalization of euthanasia is an important step towards building a more humane and humane society, where there is a place of mercy for terminally ill people who want to end their lives painlessly. The current position of the Constitutional Court of Ukraine on the interpretation of the right to life does not allow for its expanded understanding, and therefore there is a need to amend the Constitution (for example recognition of the right to die) or change the position of the Court. In order for the right to dispose of one's own life to be properly guaranteed in Ukraine as well, we have developed on the basis of our research and proposed an algorithm of actions that can be used in the implementation of the institute of assisted suicide in Ukraine. We emphasize the need to amend the Constitution of Ukraine or change the position of the Constitutional Court on the interpretation of the right to life and the development of an appropriate legal framework that should take into account the medical side of this issue.

Tourism as a Tool for the Fulfilment of the Rights to Rest and Leisure Enshrined in Article No. 24 of the Universal Declaration of Human Rights

2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Universal Declaration ◽  
Title V ◽  
Negative Consequences ◽  
Real Right ◽  
Right To Work ◽  
The Individual ◽  
The Right ◽  
Italian Constitution

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.

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