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 Defining and Achieving Freedom from Hunger: A Rights-Based Approach

2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire
Keyword(s):  
Human Rights ◽  
Social Class ◽  
Armed Conflict ◽  
Human Being ◽  
Right To Life ◽  
Human Right ◽  
Short Life ◽  
The World ◽  
The Right ◽  
Wrong Place

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.

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.

scholarly journals Eutanasia dan Hak Asasi Manusia

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 193
Author(s):  
Rospita A. Siregar
Keyword(s):  
Human Rights ◽  
Terminal Illness ◽  
Developed Countries ◽  
Criminal Code ◽  
Right To Die ◽  
Right To Life ◽  
Normative Approach ◽  
Lethal Injection ◽  
Incurable Condition ◽  
The Right

A patient who is suffering from terminal illness and an incurable condition has the possibility to propose to end his/ her life by lethal injection or suspending the medical treatment. This practice is known as euthanasia. Euthanasia is forbidden because it is categorized as homicide and consequently the perpetrator is punishable by criminal law. This reviewdiscusses (1) How is euthanasia legislation in Indonesian positive laws (2) How is euthanasia viewed from human rights perspective (3) How euthanasia is eligislated and conducted in some European countries. To analyze the afore mentioned problems, the writer conducts research by legal normative approach which is implemented in the thorough study of written regulation, official documents and related literatures. The writer finds tha Euthanasia is regarded as criminal act in Indonesia because it is a form of crime against life which stipulated in the Article 344 of the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/ KUHP):”Anyone who takes life of others which is clearly done with an intention is punishable by imprisonment for maximum twelve years”. The Declaration of Human Rights has stipulated the “right to life” which is fundamental and inherent in the nature of human being, universally acknowledge and an eternal endowment from The God. However, there are no any stipulations on-- the right to die and therefore euthanasia is a violation of human rights and against the principle of believing in one God. But, the right to die is already stipulated in some laws of developed countries, such as some countries in Europe

HAM DAN HUKUMAN MATI MENURUT ATURAN GEREJA KATOLIK: IMPLIKASI PASTORALNYA DI INDONESIA

2020 ◽  
Vol 12 (1) ◽  
pp. 1-11
Author(s):  
Yohanes Lon
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Catholic Church ◽  
Death Sentence ◽  
Human Being ◽  
Human Beings ◽  
Literature Study ◽  
Right To Life ◽  
Protection Of Human Rights ◽  
The Right

The enforcement of the death penalty in Indonesia has become a challenge for Indonesian Catholic Church in defending the dignity of human being and his right for life.  Through a literature study, this article will highlight the rule of Catholic Church o death penalty  and its implications for pastoral activities. The study argues that the dignity of human being is based on its nature as rational, free will and conscience creature. Moreover God has created human beings according to His own image and has redeemed them when destroyed by their own sins. Death penalty is essentially against the dignity of human being and human rights, especially the right to life. Therefore, its enforcement must consider the safety and protection of human rights. The death penalty is only allowed for extraordinary crimes against humanity and is carried out to protect the human rights of others as well as through fair, right and objective justice. The study concludes that in order  to protect human rights and the dignity of human being in Indonesia,  the Indonesian Catholic Church, through its pastoral works, must promote and defend the noble dignity of human beings and their right to life (pro life pastoral), carry out pastoral of forgiveness and of mercy to the setenced to death, criticize and oversee every trial which results in the death sentence to the defendant (critical prophetic pastoral).

scholarly journals The right to euthanasia in the context of the right to life guaranteed by the European Convention of human rights

2020 ◽  
pp. 105-110
Author(s):  
Maryna Kyrsanova
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Die ◽  
Main Body ◽  
Active Euthanasia ◽  
Right To Life ◽  
Human Right ◽  
Passive Euthanasia ◽  
European Court ◽  
The Right

Problem setting. Increasingly, European countries are legalizing euthanasia nationally. At the same time, this issue is a circle for scientific debate, as some experts believe that it is a natural human right that can be disposed of at its discretion. Others emphasize that no one can interrupt a person’s life, even herself. In order to summarize all positions and to determine unanimity on certain aspects of euthanasia, it is necessary to refer to the provisions of the European Convention of Human Rights, which in art. 2 proclaims the right to life and the case law of the European Court of Human Rights, which has argued for the possibility of a “right to die” as part of the right to life. The purpose. Analysis of the legal position of the European Court of Human Rights regarding the possibility of applying the euthanasia procedure, exploring the prospects of introducing this procedure into the national law. Analysis of recent research and publications. The problem of euthanasia is a matter of debate in the scientific community. This topic was researched by А.В. Malko, AS Nikiforova, O.V Khomchenko, I.O Koval, O.M Mironets, O.A Miroshnichenko, Yu.S. Romashova, K. Basovskaya, Yu.M. Rybakova, O.M Shchokin, S.V Chernichenko. Article’s main body. In science will distinguish 2 types of euthanasia - active and passive. Active euthanasia involves actions aimed at ending the life of a sick person, for example, by administering a lethal injection. Passive euthanasia involves discontinuation of medical care for a patient at his will, which in the future leads to death. Considering the issue of passive euthanasia, the European Commission concluded that it could not be interpreted art. 2 of the Convention as such, which gives the right to death, but everyone has the right to dispose of his life by giving appropriate instructions in the event of an incurable disease.. The issue of the “right to die”, the right to active euthanasia has been resolved in the case of Pritty v. The United Kingdom. The European Court of Human Rights in this case was not convinced that the “right to life” guaranteed by Article 2 of the Convention could be interpreted negatively. As for Ukraine, euthanasia in our country is being prosecuted and considered a crime. In particular, according to the Fundamentals of Healthcare Legislation, medical professionals are prohibited from taking deliberate actions aimed at ending the life of a patient who is terminally ill to end his or her suffering. The Civil Code of Ukraine contains a similar warning about the prohibition to deprive a person of his life at his request. Conclusions.The European Court of Human Rights does not consider that the content of art. 2 of the Convention it is possible to derive the “right to die”. This right does not come from the right not life, is not an independent right, can not be a fundamental right, to which all the guarantees of art. 2 of the Convention. With regard to passive euthanasia, the ECtHR does not, in fact, prohibit it; it proceeds from the human right to dispose of one’s life. Speaking about the introduction of the euthanasia procedure in the national legal order, the ECtHR did not give a clear assessment on this issue. In fact, the ECtHR has taken the position that it is not entitled to assess national legislation in terms of introducing effective mechanisms to protect their citizens’ right to life.

scholarly journals MENAGIH HAK BERAGAMA MUSLIM AHMADIYAH DAN SYIAH SAMPANG DALAM PERSPEKTIF NALAR MAQÂṢIDÎ

2020 ◽  
Vol 16 (2) ◽  
Author(s):  
Nasrullah Ainul Yaqin
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Islamic Law ◽  
Similar Case ◽  
The Other ◽  
Human Rights Violations ◽  
Human Being ◽  
Right To Life ◽  
Freedom Of Thought ◽  
The Right

This article responds to the issue of human rights (HAM) from the perspective of maqâṣidî’s reasoning (maqâṣid asy-syarî‘ah). Considering that human rights violations have always been being a boomerang in the life of Indonesian society. It could be seen like what happened to the Shia people in Sampang whose right have been lost to enjoy their life in peace and worship their religious rights freely and safely in their homeland. A similar case has been experienced by several Ahmadiyah congregations. In this case, the writer elaborates the maqâṣid concept which has been continued its development along the time. According to ‘Izzuddin bin ‘Abd as-Salâm, the purpose of Islamic law is to create benefit and reject the damage for human being, both in this world and in the hereafter. The highest benefit of Islamic law is to maintain and keep the religion (ḥifẓ ad-dîn), soul (ḥifẓ an-nafs), reason (ḥifẓ al-‘aql), descent (ḥifẓ an-nasl), and property (ḥifẓ al-mâl) . These five things are known as aḍ-ḍarûriyyah al-khamsah (the five primary). Later, some maqâṣidî scholars (such as Ibn ‘Âsyûr, ‘Allâl al-Fâsî, Jamâluddîn ‘Aṭiyyah, and Yusûf al-Qarâḍâwî) developed the scope of maqâṣid asy-syarî‘ah. So that, it is not restricted to the five primary matters only, but also to several other primary matters, such as justice, freedom, equality and human rights. On the other side, Muḥammad az-Zuḥailî views that the concept of aḍ-ḍarûriyyah al-khamsah is the basis of human rights itself. Because, ḥifẓ ad-dîn, ḥifẓ an-nafs, ḥifẓ al-‘aql, ḥifẓ an-nasl, and ḥifẓ al-mâl do not only mean to maintain, but also include the meaning of rights, namely: the right to religion, the right to life, the right to think and freedom of thought, family rights, and property rights.

KEBIJAKAN MODERASI PIDANA MATI

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.

When Does a Right to Life Arise?

2019 ◽  
pp. 47-64
Author(s):  
Lynn D. Wardle
Keyword(s):  
Severe Disabilities ◽  
State Regulation ◽  
Biological Science ◽  
Human Being ◽  
Right To Life ◽  
Legal Rules ◽  
Frozen Embryos ◽  
The Right ◽  
Legal Right

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.

scholarly journals The Implications of and Responses to COVID-19: Localizing Human Rights in the City of York (UK)

2020 ◽  
Vol 12 (2) ◽  
pp. 250-259
Author(s):  
Paul Gready
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
City Council ◽  
Right To Life ◽  
Thick Description ◽  
The Right ◽  
The City ◽  
Dimensional Picture

Abstract This essay attempts to capture the human rights implications of COVID-19, and responses to it, in the city of York (UK). Three human rights contributions are identified: ensuring that responses enhance dignity, the right to life, non-discrimination, and protect the most vulnerable; using human rights when balancing priorities and making difficult decisions; and optimizing the link between disease and democracy. The overarching aim is to localize and contextualize human rights in a meaningful way in the city, and thereby to provide meaningful guidance to the City Council and statutory agencies when implementing the difficult measures required by the pandemic, and to support civil society advocacy and monitoring. This work, led by the York Human Rights City (YHRC) network, illustrates the value of a localized ‘thick description’ of human rights and the multi-dimensional picture of challenges, innovations and solutions facilitated by such an approach.

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