An inalienable right for every individual is the right to life, which is protected by law. Its content indicates that no one can be deliberately taken away from the opportunity to live. This right imposes an obligation on the state to do everything so that a person is out of danger. In addition, the state must take care of an effective murder investigation. In Russia, the right to life is established by the Constitution.
Death
In what situation can the law take the life of a person? Such an action is performed when the use of force is absolutely necessary to protect any person from unlawful tyranny. Thus, they carry out legal detention or prevent the escape of a person lawfully detained. And it is also necessary to suppress, according to the law, rebellion or rebellion.
The practice of terminating the lives of people suffering from incurable diseases and undergoing unbearable torment is called euthanasia. In some countries, unauthorized persons are legally assisting in suicide.
Protecting the rights of the unborn
In many countries, they believe that a person acquires the right to life only at the time of birth. However, opponents of abortion and stem cell experiments are trying to approve it from the moment of conception. It should be noted that the eighth amendment to the Constitution of Ireland, adopted in 1987, recognizes the fetus's right to life within the same boundaries as it is recognized for his mother. And in Hungary in 2011, a new version of the Basic Law came into force, providing for the protection of the lives of people from the moment of conception. In fact, this suggests that a ban on abortion has been introduced.
The gestational age from which people are considered living things is determined by the lawmakers of a particular country. States have adopted a variety of standards for the viability of an unborn baby. So, in Ukraine they consider a fetus to be viable only with a weight of more than 500 g. Responsible specialists perceive such a solution differently. And all because many maternity hospitals are not equipped for nursing such children.
The death penalty
Depriving people of life as retaliation is called the death penalty. It can be legalized by the government and executed by a court verdict that has entered into force. Sometimes this may be the decision of other military or government agencies. As you can see, it has many interpretations of the human right to life.
In a civilized world, capital punishment is illegal in many jurisdictions. But some consider it a normal criminal punishment, although they apply it only in case of committing extremely serious crimes. In China, the death penalty is used everywhere and for lesser offenses. In this country, bribe takers, pimps, poachers, counterfeiters, those who do not pay taxes, and so on are punished in such a cruel way.
Russian and Soviet legal practice, defining the death penalty at different times, usually uses euphemisms. The most acceptable option in modern society is execution. Execution methods such as electric chairs, hanging, lethal injection, stoning and beheading are also used.
Private life
The right to privacy in law science is included in the category of inalienable. It includes the following aspects:
- The ban on the collection, storage, distribution and use of information about the private lives of people without their consent.
- The right to control information about yourself.
- The right to protect a good name and honor.
- The right to protection of personal data.
- The right to secrecy of communication. Sometimes it is made out as a separate category.
- The right to professional secrets (medical, confidential confession, adoption, etc.).
In socialist countries, instead of the term "private life", the phrase "personal life" was used. Russian lawyers usually emphasize the right to privacy in a narrow and broad sense. In the second case, it implies the protection of a wide range of activities of the individual, not related to public work. In fact, in this situation, the right to privacy includes laws on family and personal secrets, the protection of personal data, the integrity of the home, and the like. The narrow meaning of this right interprets the protection of only a very small sphere of human activity that does not have legal origin. It can even be ordinary friendships, for example.
Of course, most countries formally declaring human rights do not always fulfill them in practice. And the integrity of private life often remains on paper, even if it is guaranteed by laws and the Constitution.
History
The right to life is a motto rather than an explicit term. Hobbes argued that self-preservation is the primary responsibility of every person, so his natural right is to do everything that contributes to self-preservation.
So, this right gained great fame on the lands of Europe during the bourgeois coups. In the legislation of France, it was normatively fixed. And so far no one has enshrined it in the American Constitution and the Bill on US Rights , although it is derived from a number of constitutional amendments.
For the first time, the rights to family life were scientifically developed in the article by the well-known legal scholars L. D. Brendyce and S. D. Warren, “The Right to Private Life,” published in America in 1890. Subsequently, this right was supported by a series of precedents of the US Supreme Court. This authority affirmed its existence and deduced from a number of amendments to the American Constitution.
In the post-war period, in the fifties, many states of the world secured this right by a number of international agreements. The USSR also entered this list, and subsequently Russia, in which the right to privacy was protected by the state.
Legal regulation
In Russia, this right is declared by Articles 23, 24 and 25 of the Constitution. The regulations governing the protection of the right to privacy also include the Civil Code, the federal law "On Personal Data" and a number of international treaties. First of all, we are talking about the Universal Declaration of Human Rights, the European Convention on Human Rights, the International Covenant on Civil and Political Rights.
The integrity of personal life protects Art. 137 of the Criminal Code of Russia.
Research
In Russia, the right to life was analyzed at the monographic level by M.N. Maleina, I.L. Petrukhin, constitutionalists I.M. Khuzhokova and G. B. Romanovsky.
The right to privacy can be limited only in the manner prescribed by law, and only by court order. I. M. Khuzhokova points to the contradictions between the Russian constitution, the norms of the constitutional Federal law "On the state of emergency" and modern realities. She draws attention to the fact that in these documents the right to the integrity of family life is interpreted as not subject to restriction. Namely, this is the result of its incorrect interpretation during implementation from Western sources.
Philosophical Views
Within the framework of our topic, the position of the English philosopher Thomas Hobbes (1588 - 1679) is interesting. He considered the state as the result of an agreement between people, during which intelligent individuals confer all rights to their body and personality to the one they choose as a sovereign, and sanction all his actions. Hobbes absolutism excludes only one fact: since social agreement pursues the goal of self-preservation, a sovereign cannot order his subject to kill himself.
Another English philosopher John Locke (1632 - 1704) qualified the civil community as an alliance that preserves lives, freedom and property. This statement served as an example of the statement included in the American Declaration of Independence: “We agree with the obvious truth that people are born equal. We understand that a person is endowed by his Creator with some inseparable rights, the list of which includes the right to freedom, life and the desire for happiness. ” The right to life, founded on such a high level, is nevertheless not unconditional.