scholarly journals A Critical Analysis of Right to Life and Judicial Intervention in South Asian Countries

2013 ◽  
pp. 198-207
Author(s):  
K. C. Prakash

Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being. The concept of right to life is central to debates on the issues of capital pun ishment, self defense, abortion and war. Pro-life is a term representing a variety of perspectives and activist movements in medical ethics. It is most commonly used, especially in the media and popular discourse, to refer to opposition to abortion. More generally, the term describes a political and ethical view which maintains that human fetuses and embryos are persons and therefore have a right to live. Less commonly, it can be used to indicate abortion. Right to life is based on three things as food, clo th and shelter.

1988 ◽  
Vol 27 (3) ◽  
pp. 336-338
Author(s):  
Muhammad Hussain Malik

The need to enhance their economic relations with each other has long been felt by developing countries. However, their efforts in this regard have met with limited success. One of the reasons for this could be that not much serious work has been done to understand the complexities and possibilities of economic relations of developing countries. The complementarities which exist among the economies of these countries remain relatively unexplored. There is a lack of concrete policy proposals which developing countries may follow to achieve their often proclaimed objective of collective self-reliance. All this needs serious and rigorous research efforts. In this perspective, the present study can be considered as a step in the right direction. It examines trade and other economic relations of developing countries of two regions of Asia-South Asian countries and member countries of the Association of Southeast Asian Nations (ASEAN). The study also explores ways and means to improve economic relations among these countries


Author(s):  
Lynn D. Wardle

The question of when a legal right to life first arises in the course of a human being’s development is pertinent to a variety of contexts, including protection of prenatal life from injury by persons other than the gestational mother, what to do with frozen embryos when the couple who created them divorces, and how to treat children born with severe disabilities, as well as the more familiar context of state regulation, restriction, or prohibition of abortion. This chapter first summarizes social and biological science findings relevant to this question, then details development of legal rules and constitutional doctrine pertaining to abortion regulation before contrasting that with protections for prenatal life in other contexts. It concludes that the most coherent answer to the question when a right to life arises is that the right to life is coextensive with the biological life of the human being, and that a legal right to remain alive arises when a human being comes into existence and continues until it ceases to be a human being—that is, when its life has ended. This might provide justification for greater restrictions on abortion, but that could depend on additional considerations.


2018 ◽  
Vol 3 (2) ◽  
pp. 193
Author(s):  
Fita Fathurokhmah

This article wants to examine how the media ideology about the concept of radicalism in Islam in the mass media of Republika and Koran Tempo. The Republika newspaper supports and agrees to the Islamic Defenders Front (FPI) both with an understanding of the prohibition of homosexuality and the appointment of news of FPI's violence against homosexuals. The Tempo newspaper is more about renewing ideas such as reporting on the views of the Liberal Islam Network (JIL) in respect of homosexuals. Homosexuality is the same sex lover or the choice of sexuality abnormalities is normal as a human being, it does not need to be criticized but must be respected as individual freedom. There is a fundamental ideological difference between Republika and Koran Tempo by renewing the concept of homosexuality with thinking radicalism on the basis of Islamic teachings. The homosexual issue, FPI applies the meaning of Islamic radicalism from the right-wing side which promotes violence as resistance, while JIL applies the meaning of radicalism from the left-wing side which prioritizes the radicalism of thought and law in the Koran.  AbstrakArtikel ini ingin mengkaji bagaimana ideologi media tentang konsep radikalisme dalam Islam di media massa Republika dan Koran Tempo. Surat kabar Republika mendukung dan setuju pada Front Pembela Islam (FPI) baik dengan pemahaman pelarangan homoseksual dan pengangkatan berita tindak kekerasan FPI melawan homoseksual. Koran Tempo lebih pada pembaharuan pemikiran seperti pemberitaan pandangan Jaringan Islam Liberal (JIL) terkait menghormatinya kaum homoseksual. Homoseksual adalah penyuka sesama jenis atau pilihan kelainan seksualitas itu normal sebagai manusia, tidak perlu dicela tapi harus dihargai sebagai kebebasan individu. Terdapat perbedaan ideologi yang mendasar antara Republika dan Koran Tempo dengan melakukan pembaharuan konsep homoseksual dengan radikalisme berpikir dengan pijakan ajaran Islam. Persoalan homoseksual, FPI menerapkan makna radikalisme Islam dari sisi sayap kanan yang mengedepankan kekerasan sebagai perlawanan, sedangkan JIL menerapkan makna radikalisme dari sisi sayap kiri yang mengutamakan keradikalan pemikiran dan hukum dalam al-Quran.


2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM

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.


2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.


2020 ◽  
pp. 219-233
Author(s):  
Nigel Biggar

Chapter 6 observed the tendency of contemporary rights-talk to push all other moral considerations off the table—an observation adumbrated in Chapter 5, where contemporary defences of natural rights were seen to lack awareness that the exercise of such rights might be subject to moral obligations and even contingent upon duties of virtue. Chapter 1 observed the complaint of sceptics that natural, moral rights are often not distinguished from legal ones, with the consequence that the stability and security of the latter are smuggled into natural morality or ethics. Such smuggling is part of a cultural inclination to assimilate morality to law and replace conscience with procedures, in order to abolish the possibility of a failure of conscience. It expresses an aversion to risk and denial of tragedy, whose cost is a practical, moral rigidity that ranges from the imprudent to the absurd. This chapter displays the problem as it appears in ethics, by analysing David Rodin’s War and Self-Defense. Rodin’s attempt to justify killing in terms of a fundamental (natural) moral ‘right to life’, which can only be forfeited through culpable wrongdoing, fails. As he himself inadvertently acknowledges, that right is contingent on a range of moral factors external to the right-holder. Whether it exists at all depends on the situation as a whole and can only be determined at the end of a process of moral deliberation, not posited at the beginning as fundamental. Talk about a (natural) moral right, connoting stability and security, misleads.


1982 ◽  
Vol 38 (3) ◽  
pp. 315-326 ◽  
Author(s):  
David L. Chandler

The social milieu in which slavery took place in Latin America, especially colonial Colombia and Ecuador, was markedly different than in Brazil, the Caribbean, or the thirteen colonies. Paternalistic attitudes of church and government, protective legislation, a slow, even stagnant, pace of economic development and other factors created a situation which a knowledgeable and enterprising slave could often turn to his advantage and even manipulate.From the beginning the Catholic Church took the position that slavery was a contractual arrangement whereby the slave placed his time and the result of his labor at the disposal of his master, but that he remained a human being with certain innate rights: the right to life, limb, body and reputation. A master could not keep his slaves from marrying, for example, for to do so deprived him of the rights of the body. For a violation of any of these rights the master must make restitution to the slave, as if he were a free man. Moreover, in Catholic theology the soul of the black man was equally as important as the soul of any human being.


2003 ◽  
Vol 20 (2) ◽  
pp. 286-306 ◽  
Author(s):  
John Martin Fischer

It is often thought that if a developing human being is considered a “person” from the beginning, then it would follow that abortion (at any time) would be impermissible. For, after all, a person has a stringent right to life, and because life is a prerequisite for enjoying any other goods, it is plausible that the right to life is a “basic” or “fundamental” one, not easily overridden by other considerations. The right to life, it would seem, could not be outweighed by another individual's preferences, even preferences about what should happen in or to her body.


2022 ◽  
Author(s):  
Gabriela Nemţoi ◽  

Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.


2018 ◽  
Vol 1 (34) ◽  
pp. 187
Author(s):  
Zofia Kępińska Walczak

The article presents a reflection on the genetic diagnosis of intellectual disability. Attention was drawn to the moral aspect of genetic testing and it was emphasized that genetic diagnosis must not become an instrument in the implementation of bio-utilitarianism or the concept of wrongful life, according to which, whether a person can be considered a human being, and thus have the right to life, depends on certain factors, and is not self-evident by the very fact of belonging to the human species.


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