integral to each individual the right to life, which is protected by law.In its content it indicated that no one may be able to live deliberately selected.This law imposes an obligation on the state to do everything to ensure that the person was out of danger.In addition, the state should take care of an effective investigation into the killings.In Russia, the availability of the right to life established by the Constitution.
Deprivation of life
In what situation according to the law could deprive a person's life?Such actions are performed when absolutely necessary the use of force to protect any person from unlawful tyranny.Thus, exercise lawful arrest or prevent the escape of a person taken into custody on a legal basis.And still it is necessary to suppress, according to the law, insurrection or riot.
practice of termination of life of people suffering from incurable diseases and undergoing unbearable flour called euthanasia.In some countries, foreign persons help with the voluntary suicide legally.
Protecting the rights of unborn children
Many countries consider that the right to life of a person gains only at the moment of delivery.But opponents of abortion and experiments with stem cells try to adopt it with the moment of conception.It should be noted that the eighth amendment to the Irish Constitution, adopted in 1987, recognizes the right of the fetus to live in the same boundaries in which it is recognized for his mother.And in Hungary, in 2011, came into force a new version of the Basic Law provides for the protection of human life from the moment of conception.In fact, it says that a ban on abortion.
Gestational age at which people are considered as living beings, lawmakers determined specific country.The States have adopted different rules viability of an unborn child.Thus, Ukraine is considered a viable fetus weighing more than 500 g This solution responsible professionals perceive differently.And all because many maternity hospitals are not equipped for the care of these children.
death penalty
deprivation of life in retaliation called death.It can be legalized by the Government and executed by an effective court verdict.Sometimes it can be a solution other military or government agencies.As you can see, it has many interpretations of the right to life.
In the civilized world, capital punishment is illegal in many jurisdictions.But some consider it normal criminal punishment, although used only in cases of extremely serious crimes.In China, the death penalty is used everywhere and smaller faults.In this country, in this brutally punish corrupt officials, pimps, poachers, counterfeiters, those who do not pay taxes, and so on.
Russian and Soviet legal practice, determining the death penalty at different times, typically uses euphemisms.The most viable option in today's society is to be shot.They are also used such methods of execution as the electric chair, hanging, lethal injection, stoning and beheading.
Private life
right to privacy in the jurisprudential science enters into the category of inalienable.It includes the following aspects:
- ban on the collection, storage, dissemination and use of information about the private lives of people without their consent.
- right to control information about themselves.
- right to protect the good name and honor.
- right to protection of personal data.
- right to privacy of communications.Sometimes it is issued as a separate category.
- right to professional secrecy (medical, secret confession, adoption, etc.).
In socialist countries, instead of the term "private life", used the phrase "private life."Russian lawyers usually allocate the right to privacy in the narrow and broad sense.In the second case it refers to the protection of a broad spectrum of activity of the person, not related to a public work.In fact, in this situation, the right to privacy includes the laws on family and personal secrets, protection of proprietary data, the integrity of homes and the like.The narrow sense of the protection of rights treats only a very small sphere of human activity that does not have a legal origin.It may even be the usual friendly relations, for example.
Of course, most of the countries formally declaring rights are not always carried out in practice.And the integrity of the private life often remains on paper, even if it is guaranteed by the Constitution and laws.
history
Right to life - it is rather a motto than unambiguous term.Hobbes argued that self-preservation is the main duty of every person, so it is considered a natural right to do what promotes self-preservation.
So great fame it has acquired the right to the lands of Europe during the bourgeois revolutions.In French law it was fixed standard.And in the US Constitution and the Bill of Rights of the United States so far no one has fixed, although it is derived from a number of constitutional amendments.
first right to family life have been scientifically developed to become famous scientists lawyers Brendaysa LD and SD Warren's "right to privacy", published in America in 1890.Subsequently, this right has supported a series of precedents of the Supreme Court of the United States.This court has approved its existence and has put out a number of amendments to the US Constitution.
In the postwar period, in the fifties, a right enshrined by several international agreements, many countries of the world.USSR also included in this list, and later Russia, in which the right to privacy is protected by the state.
Legal regulation
In Russia this right declared 23, 24 and 25 articles of the Constitution.Legislation governing the protection of the right to privacy also includes 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.
integrity privacy safeguards Art.137 of the Criminal Code of Russia.
Research
In Russia the right to life was analyzed on monographic level MN Maleinos, IL Petruhin konstitutsionistami IM Huzhokovoy and G. B. Romanovsky.
right to privacy may be restricted only in the manner prescribed by law, and only by a court order.IM Huzhokova points to the contradictions between the Russian constitution, the constitutional norms of the Federal Law "On State of Emergency" and modern realities.She drew attention to the fact that in those documents the right to the integrity of family life is interpreted as not subject to limitation.And this is the result of its misinterpretation in the implementation of the Western sources.
absolutism of Hobbes
In the public reasonable agreement Hobbes individuals are awarded all rights to his body and personality of those whom they choose sovereign.Suppose they authorize all his actions.Absolutism Hobbes eliminates a single fact: as a public agreement aims at self-preservation, its citizens of a sovereign can not order to kill himself.
Locke qualified civilian community as an alliance, preserving life, liberty, 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 human beings are born equal.We realize that man is endowed by their Creator with certain inalienable rights, including the list of the right to freedom, life and the desire for happiness. "Informed at such a high level, the right to life, however, is not unconditional.
