scholarly journals The Protection of the Right to life at the Intersection between Reproductive Rights and Scientific Progress in the Jurisprudence of the Inter- American Court of Human Rights and the European Court of Human Rights

Araucaria ◽  
2018 ◽  
pp. 655-732
Author(s):  
Simona Fanni
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
Scientific Progress ◽  
Right To Life ◽  
European Court ◽  
The Right

scholarly journals Makuchyan and Minasyan v Azerbaijan and Hungary: Novel Questions of State Responsibility, Presidential Pardon, and Due Diligence of Sentencing Transfer Meet in a Rare Case of the Right to Life

2021 ◽  
pp. 1-16
Author(s):  
Kushtrim Istrefi ◽  
Cedric Ryngaert
Keyword(s):  
Human Rights ◽  
Rare Case ◽  
Legal Issues ◽  
State Responsibility ◽  
Due Diligence ◽  
Prison Sentence ◽  
Right To Life ◽  
Fourth Section ◽  
European Court ◽  
The Right

Judgment: European Court of Human Rights, Makuchyan and Minasyan v Azerbaijan and Hungary 17247/13 (ECtHR, 26 May 2020) Judgment (Merits and Just Satisfaction). Section of the Court: Chamber (Fourth Section). Applicable Convention Rights: Article 2 echr – violation of procedural obligations by Azerbaijan, no violation of substantive obligations by Azerbaijan, and no violation of procedural obligations by Hungary. Article 14 echr and Article 2 echr – violation by Azerbaijan. Article 38 – no violation by Azerbaijan or Hungary. Primary Legal Issues: Did Azerbaijan acknowledge and adopt the conduct of R.S. in question as its own, and does that violate substantive obligations under Article 2 echr; Did Azerbaijan violate the procedural limb of Article 2 by pardoning and releasing R.S. following his transfer from Hungary to Azerbaijan to serve the prison sentence; Did Hungary violate the procedural limb of Article 2 because of failing to secure specific diplomatic assurances that Azerbaijan will not release R.S. upon his transfer. Link to Case: <http://hudoc.echr.coe.int/eng?i=001-202524>.

scholarly journals Right to abortion in modern law and in the practice of the European Court of Human Rights

2021 ◽  
pp. 159-170
Author(s):  
Majida Lubura
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Right To Life ◽  
Human Right ◽  
Safe Abortion ◽  
Human Rights Protection ◽  
European Court ◽  
Scientific Disciplines ◽  
The Right

A basic human right - the right to life, even today faces numerous questions when it comes to its scope. One of those questions is the issue of the right to abortion, which is the subject of numerous controversies among lawyers, philosophers, medical workers, theologists, as well as among citizens in the broadest sense. Debates that exist in various scientific disciplines indicate the complexity of these issues that needs to be legally regulated at the domestic and international level. For that reason, it is necessary to follow and study the judgments of international bodies that have been passed in connection with this issue. As the most developed system of Human Rights protection has been established within the European Convention on Human Rights, and at the same time the most relevant for our country, in this paper the author studies the current practice of the European Court of Human Rights related to the right to abortion. It is evident, from the case law presented in this paper that the Court had a very delicate and difficult task to balance between diametrically opposing rights and interests of various interested parties. The Court's judgments show a consensus only regarding the question of the existence of the right to abortion in cases where the right to life and health of women is endangered. Opponents of abortion claim that in this case, it is not the right to abortion, but the right to life of a woman and that only then an abortion is allowed and justified to be performed, as well as that it is a conclusion that can be deduced from the Court's case law. However, the author of this paper believes that even though the practice of the court is quite neutral, it still tends more towards granting the right to safe abortion.

scholarly journals Reproductive human rights: General legal support and implementation in the field of criminal justice

2020 ◽  
Vol 85 ◽  
pp. 01002
Author(s):  
Ivan Titko ◽  
Inna Polkhovska
Keyword(s):  
Human Rights ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Relevant Information ◽  
Reproductive Technologies ◽  
European Court ◽  
Human Ability ◽  
Practical Factors ◽  
The Right ◽  
To Receive

The unsatisfactory demographic situation in European countries, in particular the reduction of fertility, actualizes the issue of reproductive rights. Reproductive rights include the human ability to make free and independent decisions about their reproductive health, including the birth of children, the time and intervals between their birth, the right to decide on procreation without discrimination, threats and violence, as well as recognition of the right to receive relevant information. The article is devoted to the analysis of some problematic general theoretic, criminal law and criminal procedure aspects in the field of reproductive rights. In particular, issues of assisted reproductive technologies application, their regulation at the international and national levels, as well as in the practice of the European Court of Human Rights (hereinafter – ECHR) are considered in the article. Special attention is paid to the specificity of the legal and practical factors of surrogacy.

Does the Unborn Child Have a Right to Life? The Insufficient Answer of the European Court of Human Rights in the Judgment Vo v. France

2006 ◽  
Vol 7 (4) ◽  
pp. 433-444 ◽  
Author(s):  
Jakob Pichon
Keyword(s):  
Human Rights ◽  
Pregnant Woman ◽  
Criminal Code ◽  
European Convention ◽  
Unborn Child ◽  
Criminal Proceedings ◽  
Right To Life ◽  
European Court ◽  
French Court ◽  
The Right

In the July 8, 2004 case of Vo v. France, the European Court of Human Rights (“ECtHR”) dealt with the question of whether the embryo/fetus (“the fetus”) enjoys the protection of the right to life provided by Article 2 of the European Convention on Human Rights (“the Convention”). Below, a pregnant woman lost her fetus due to an error made by the attending doctor, and the Cour de Cassation, the French court of last instance, acquitted the doctor of involuntary homicide on the grounds that a fetus is not a person within the meaning of the French Criminal Code. Claiming a violation of her child's right to life within the meaning of the Convention, the woman appealed to the ECtHR. The ECtHR left open the question whether or not a fetus falls within the scope of Article 2; declaring that, even assuming Article 2 was applicable to a fetus, there had been no failure by France to comply with its obligations under Article 2, because the ECtHR deemed the institution of criminal proceedings unnecessary. Rather, it considered the possibility for the applicant to bring an action for damages as sufficient and therefore found that there had been no violation of the fetus's right to life.

Asserting the Right to Life (Article 2, ECHR) in the Context of Industry

2007 ◽  
Vol 8 (3) ◽  
pp. 231-253 ◽  
Author(s):  
Dimitris Xenos
Keyword(s):  
Human Rights ◽  
Self Regulation ◽  
European Convention ◽  
Right To Life ◽  
Liberal Tradition ◽  
European Court ◽  
Active Protection ◽  
Protection Of Human Rights ◽  
The Right ◽  
First Time

In the liberal tradition, there has always been scepticism about the state's involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildiz v. Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.

The Conservatism of the European Court of Humans Rights Regarding Abortions on Demand

2015 ◽  
pp. 185-196
Author(s):  
Pitsou Anastasia
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Right To Privacy ◽  
Right To Life ◽  
On Demand ◽  
The Right To Privacy ◽  
European Court ◽  
The Right

In this chapter, the authors negotiate the fact that the European Court of Human Rights (ECtHR) missed the opportunity to recognize the right to abortion under specific criteria that are harmonized with the right to life and the right to privacy. It obviously remains a triumph of nationalism and of religious power over human dignity.

2. European Convention on Human Rights

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Right To Life ◽  
Essential Information ◽  
European Court ◽  
Margin Of Appreciation ◽  
Protection Of Human Rights ◽  
The Individual ◽  
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 first explains the background and rationale for the formation of the European Convention on Human Rights (ECHR), tracing its roots to the Council of Europe that was formed in 1949 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) established a year later. It then looks at the different kinds of human rights embedded in the ECHR, including the right to life, right to a fair trial, freedom of expression, right to property, and right to free elections. The chapter also provides an overview of the European Court of Human Rights (ECtHR), along with the major changes made to its complaints system and how it interprets the Convention rights. Finally, it considers the ECtHR’s use of proportionality and margin of appreciation doctrines to find the balance between the rights of the individual and the community when deciding upon qualified rights.

The English Fetus and the Right to Life

2004 ◽  
Vol 11 (4) ◽  
pp. 347-364 ◽  
Author(s):  
Rosamund Scott
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Right To Life ◽  
Selective Abortion ◽  
European Court ◽  
Balance Of Interests ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Legal Position ◽  
The Right

AbstractFollowing the enactment of the Human Rights Act 1998 in English law, there was speculation as to whether the English legal position that the fetus has no right to life is compatible with Article 2 of the European Convention on Human Rights (ECHR). The recent decision of the European Court of Human Rights in Vo v. France provides an opportunity to reflect on the current English and ECtHR approaches to the fetus. The problems of finding a fetal right to life, which Vo sidesteps, are noted. At the same time, the "all or nothingness" of rights language is not without difficulties and troubled the judges in Vo. In particular, the idea that the fetus has no right to life gives the impression that neither English nor ECHR law values the fetus. In this light, we find English and ECtHR judges trying to express a concern for the fetus which does not undermine a pregnant woman's legal interests. This article considers these issues and highlights the importance, in a highly genetic age, of developing ways of valuing the fetus without invoking the language of rights and thus without affecting the current legal balance of interests in the maternal-fetal relationship. The idea of valuing the fetus in this way is briefly explored with particular reference to aspects of selective abortion.

scholarly journals SHOULD EUTHANASIA BE A SOLUTION TO THE PROBLEM OF "DECENT" DEATH? (ON THE EXAMPLE OF THE CASE LAMBERT AND OTHERS V. FRANCE)

2019 ◽  
pp. 57-67
Author(s):  
B. V. Ostrovska
Keyword(s):  
Human Rights ◽  
Conscious State ◽  
Right To Life ◽  
International Consensus ◽  
Passive Euthanasia ◽  
European Court ◽  
Fundamental Freedoms ◽  
Protection Of Human Rights ◽  
The Right ◽  
Subsequent Rehabilitation

The legal and bioethical problem of legalizing involuntary passive euthanasia as a practice of ending a person’s life, which in particular is in a minimal conscious state and with disabilities, on the example of the case Lambert and Others v. France of the European Court of Human Rights, is explored in this article. Due to the differences between the national legislation of the states on the regulation of euthanasia and given the lack of the international consensus on this issue, as well as the unified position of the judges on the legality of its application in the context of protecting the right to life on the basis of Art. 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the need to ensure adequate medical care and treatment guaranteed by the state in order to maintain/prolong a person’s life (first of all, artificial hydration and nutrition, mechanical ventilation, cardiopulmonary resuscitation, blood transfusions, dialysis, etc.), and subsequent rehabilitation, as well as palliative care as an alternative to euthanasia, is emphasized. Mandatory compliance with the principle of prohibition of discrimination against person based on health status is stressed. The consequences of using involuntary passive euthanasia, including the need to bring to legal liability, are analyzed.

Sign in / Sign up

Export Citation Format

Share Document