MODERN CONCEPT OF UNDERSTANDING THE HUMAN RIGHT TO LIFE

Anna V. Dzhuska, Natalіa V. Kaminska, Zoryana M. Makarukha
2021 Wiadomosci lekarskie (Warsaw, Poland : 1960)  
The aim: The purpose of this article is to expose the essence of the concept of the human right to life, including in the content of this right, the duty of the state to maintain and develop general conditions for a dignified human life. Materials and methods: The article explores the modern concept of understanding the human right to life. The article analyzes the constitutions, other regulations, as well as the experience of different countries in the world on this issue (in particular, the
more » ... n particular, the countries of Western and Eastern Europe, Latin America, USA). The empirical basis of this research consists of two judgments of the Constitutional Court of Ukraine, Resolution of the Plenum of the Supreme Court of Ukraine «On Judicial Practice in Cases of Crimes against the Life and Health of a Person» of February 7, 2003, № 2, and judgments of the European Court of Human Rights (Case of Lambert and others v. France of 5 June 2015, Case Hristozov and others v. Bulgaria of 13 November 2012, Case G. N. and others v. Italy of 01 December 2009) on issues related to the human right to life. The application of methods and techniques of scientific knowledge is conditioned by a systematic approach, which enables them to consider outlined problems in the unity of their social content and legal form. In particular, the formal-logical method, methods of analysis and synthesis, comparative-legal method, formal legal and statistical methods are used. Conclusions: The modern approach to understanding the human right to life presupposes that it is the state's responsibility to protect that right, to take appropriate measures to remedy the general conditions in society that may endanger life or prevent individuals from living a dignified life.
doi:10.36740/wlek202102131 fatcat:dtm73ucoxzex3oiqms7xpm65pq