right to life
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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.


AJIL Unbound ◽  
2022 ◽  
Vol 116 ◽  
pp. 5-9
Author(s):  
Damian A. Gonzalez-Salzberg

It is a long-standing principle of international law that every breach of an international obligation that results in harm gives rise to a duty to make adequate reparation. Reparations can take different forms, from the ideal of full restitution to the provision of satisfaction, and the payment of compensation. Notwithstanding reparation's main aim––to ameliorate, if not eradicate, the detrimental consequences of an internationally wrongful act–– it also serves other purposes, such as reinforcing the authority of the norm breached, acknowledging the injury, and recognizing the bearer of harm (the victim). This essay adopts a queer approach to examine the role played by reparation–– in particular, compensation––in determining what (and whose) suffering matters to international law. With a focus on internationally wrongful acts that result in deprivation of life, this piece discusses who is seen as worthy of redress when a violation of the right to life has taken place, as this, in turn, speaks volumes about who is seen as legally entitled to suffer, to mourn and, ultimately, to love. This essay argues that reparation orders from international human rights courts offer a valuable opportunity for re-evaluating––and perhaps even overcoming––heteronormative understandings of kinship.


2021 ◽  
Vol 7 (2) ◽  
pp. 241
Author(s):  
Erin Elizabeth Davis

The right to adequate housing is an internationally recognized human right, yet it has been incontrovertibly desecrated by a lack of recognition, disproportionately affecting vulnerable groups. Economic, social, and cultural rights have encountered many challenges in an ever-increasing era of international exceptionalism and challenges arise in the protection of these rights. The right to housing is achieved in two ways: as a normative right and as a derivative right encompassed within economic, social, and cultural rights. This article introduces: (1) the normative development of economic, social, and cultural rights as recognized human rights, and their regulatory implementation through international instruments; (2) the concept of individuals as right-holders and duty-bearers of economic, social, and cultural rights; (3) understanding how the restriction of the right to housing leads to the violation of other human rights, including (a) the right to life, (b) the right to freedom from discrimination, and (c) the right to humane treatment – and the types of vulnerable groups that face the most discrimination, such as indigenous persons and women; and (4) protection against forced evictions, through an examination of the jurisprudence of the Inter-American System, European Court of Human Rights, and African Court on Human and Peoples’ Rights.


Author(s):  
Martina Spann ◽  
Juan Carlos Torrego Seijo ◽  
Carlos Monge López

There is common understanding among the member states of the UN on Human and Children’s Rights and that everyone has a right to life, liberty, and security of person. Children are entitled to special care. Social changes caused by migration or armed conflicts affect families and may have negative consequences on children’s welfare. Violent family structures are often transported into the schools. Evidence on school mediation and conflict resolution programs between peers seems to be a good method to teach children how to resolve conflicts peacefully. This paper also researches how such programs can contribute to a more conflict-free society.


Author(s):  
Marina L. Voronkova ◽  

Introduction. The problems of realizing the right to life are relevant to varying degrees in all countries of the world. Their importance can hardly be overestimated, since the preservation of a full-fledged family, society and the state as a whole depends on their solution. The article examines the problems associated with abortion, surrogacy, the development of biotechnology, death penalty, and analyzes the legislative experience of various states and Russia in these areas. The purpose of the study is to conduct a comprehensive analysis of the problems arising in connection with the realization of the right to life and its possible restrictions. In the course of studying the problems, both general scientific and special legal methods were used: historical and dialectical methods, methods of analysis and synthesis, as well as the comparative legal method. Theoretical analysis. Russia (RSFSR) was the first country in the world to legislate in 1920 to allow abortion. According to the author, artificial termination of pregnancy solely at the request of a woman (without taking into account medical and social factors) causes irreparable harm to society, especially given the difficult demographic situation in modern Russia. In addition, this does not correspond to the guiding thesis of responsibility to future generations, enshrined in the preamble to the Constitution of the Russian Federation. In the context of realizing the right to life, each state faces a problem related to death penalty. Can a state, where the right to life is guaranteed, take the life of criminals? Apparently, each state should decide this issue based on the extent to which a particular crime poses a threat to society, a threat to life and health of people. Results. In our opinion, in countries with liberal legislation in relation to abortion, such as Russia, it is necessary to prohibit abortion at the request of a woman, since in this case the woman’s desire violates the right to life of an unborn child. The state should protect the right to life from the moment of conception, not birth, but this is a long process that should lead to an extensive interpretation of Part 2 of Art. 17 of the Constitution of the Russian Federation by the Constitutional Court of the Russian Federation. In addition, Russia needs to pay attention to the legislative experience of Germany and France in relation to surrogacy. In these countries, the legislator has clearly substantiated why surrogacy is in fact a crime against the family. In these countries, surrogacy is criminalized. Also, with the development of biotechnology all over the world, the problems of IVF and cryopreservation of human embryos are acute. This problem can also be solved at the level of legislation by allowing IVF only to married couples (man and woman) who cannot give birth to a child, and by limiting the number of fertilized eggs to a minimum, so that later the issue of destroying unclaimed embryos is not resolved. In general, it seems that in a mature society that wants to develop and tries to prevent the destruction of its state, it is necessary to protect the right to life by all possible legislative methods.


2021 ◽  
pp. 1-27
Author(s):  
Jimmy Chia-Shin Hsu

Abstract In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment. This fills in a gap in the literature, which has failed to reflect new developments in Asia. Besides analysing various review approaches, I extrapolate recurrent analytical issues and reconstruct dialogues among these court decisions. Moreover, I place the analysis in historical perspective by periodising the jurisprudential trajectory of the right to life. The contextualised reconstructive dialogues offer multilayered understanding of my central analytical argument: for any court that may conduct per se review of capital punishment in the future, the highly influential South African Makwanyane case does not settle the lesson. The transnational debate has been kept open by the Korean Constitutional Court's decisions, as well as retrospectively by the US cases of Furman and Gregg. This argument has two major points. First, the crucial part of the reasoning in Makwanyane, namely that capital punishment cannot be proven to pass the necessity test under the proportionality review, is analytically inconclusive. The Korean Constitutional Court's decision offers a direct contrast to this point. Second, the exercise of proportionality review of the Makwanyane Court does not attest to the neutrality and objectivity of proportionality review. Rather, what is really dispositive of the outcome are certain value choices inhering in per se review of capital punishment.


Author(s):  
Lyudmyla Tarnashynska

Everyday life – regardless of its geographical status – has different dimensions: on the one hand, it is a routine, and on the other hand, it is an attempt to escape from it, to create at least some holiday. In the context of current everyday life, it makes sense to look at its other side: everyday life as stress, affectation of consciousness, etc. It is interesting to observe how the aesthetics of the shock, brought to Ukrainian literature, in particular, by the realities of the 1990s, is modified and filled with new meanings literally before our eyes, and how modern times deform human consciousness, herewith changing the «curve» of surrealism. This is about a phenomenon of the global world – a pandemic as a new experience that has actualized the issue of coexistence and co-responsibility. Experience, preventively studied through fiction and cinema (if «The Plague» by Albert Camus is about the past, then the «The Eyes of Darkness» dystopia by Dean Koontz is about the lethal microorganism «Wuhan 400» in the 1989 edition, which was called «Gorki-400» in the original 1981 version and is a warning fromthe past), now needs a new understanding. After A. Camus’s «The Plague,» one can also appeal to books on the same pandemic theme that have not yet been translated into Ukrainian: for example, Karel Čapek’s play «The White Plague» (1937), «The Steel Spring» by Swedish writer Per Wahlöö (1968), as well as «Blind Faith» dystopia by Ben Elton (2007), where the action takes place in the near future against the background of constant epidemics, and the research focuses on the current topic of vaccination. As a sensitive tool, literature received the reinterpreted theme of ageism for artistic reflection (one can find striking consonance, say, in Japanese literature, in particular in «The Ballad of Narayama» novel by Shichirō Fukazawa), as well as the theme of discrimination on other grounds and social inequality; the theme of a person endowed with power/opportunities and his/her choice to give or not to give the right to life to another; the topic of the area of personal/collective responsibility, boundaries of openness/closedness of societies, as well as the topic of the limit of pragmatism/rationalism, the limits/depth of cynicism. That is, it is about actualizing the presumption of the right to life, the preservation of humanity, which problematizes the other/different content of old, eternal plots of Ukrainian and world literature.


2021 ◽  
Vol 29 (4) ◽  
pp. 2453-2468
Author(s):  
Kien Thi Pham ◽  
Xuan Bui Dung

In Vietnam, humanity thought is a national cultural value that is highly appreciated at all times. Typical for the humanistic thought of Vietnam is the philosophy Nguyen Trai’s. To better understand of Nguyen Trai’s thoughts on humans, the article uses a comprehensive method and specific history of dialectical materialism to clarify the humanity content of philosophers around the world. At the same time, the article uses analysis, comparison, and synthesis methods to see the interference of Chinese Confucian thought with the value humanity of Viet Nam inside of humanity Nguyen Trai. From there, the paper draws great ideas of Nguyen Trai clarifies the idea of benevolence with justice, empathy, and understanding of the plight of others. Nguyen Trai humanity thought to help the suffering and unhappiness of others, even those of your enemies. However, in the history of Vietnam and the war situation, Nguyen Trai’s humanity thought has exceptional value. Humanity also means respecting and valuing the good, great, and sacred dignity in every human being. The social wisdom in managing the country is that hate the brutal forces trampling on the right to life, and happiness. That is the value for Vietnam today to build socialism.


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