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Criminal law of the Republic of Moldova safeguards the life of a person not the life of a human being in general. The life of an unborn human being is protected partially in Romania. This is because the product of conception does not have the status of a person, while a pregnant woman is free to decide either to terminate or to continue her pregnancy. This Study proposes certain legislative amendments aimed to provide for a more efficient criminal-law defence of an unborn human being. Such a defence cannot have an absolute feature as the right to life of a person is not an absolute right either. [ABSTRACT FROM AUTHOR]

The definition of privacy is succinctly delineated as the space where one can speculate on his thoughts and ideas without intrusion from others. Being free from prying eyes, interference with one's deeds or beliefs, or intense oversight has been well-described as having privacy. Article 21 of the Constitution of India, addresses the rights relating to one's life and individual liberty and covers the right to privacy. According to this article, everyone has a right to personal space as well as the absolute freedom to live their lives in dignity. Social media in all of its incarnations, has taken over the internet. It enables one to publicly acknowledge their opinions and thoughts with a multitude of individuals at once. With the proliferation of smart gadgets and universal connections, social media use has grown in popularity. The risk of exposed sensitive data given by consumers does exist, nevertheless. It's feasible that users occasionally aren't aware that the platforms are gathering and sharing their information with other users. These platforms guarantee that users' privacy is protected by assuring them of their privacy policy, as data harvesting is currently at the forefront of technology. But the truth is, users' personal information stored on platforms that, don't ensure effective security, is vulnerable to hacking and data leakage. There has been considerable thought put into whether or not these social media networks protect our privacy. The goal of this study is to define the idea of privacy in the current cybernetic era. Concerns about the world's youth are raised by the question of whether media platforms uphold privacy rights. Many naively believe the hyped-up claims and promises made by these platforms, but in fact, they fall short of giving us the proper data protection. So far, it is ultimately the user's duty to secure personal data. It is essential that we are cognizant of the hazards and take precautions to secure our personal information. [ABSTRACT FROM AUTHOR]

The burgeoning social significance borne by death inquests in Hong Kong has ushered in a string of judicial decisions that seeks to remould the interpretation and operation of provisions in the Coroners Ordinance. This article subjects attempts to marshal the right to life as an interpretive conduit to remould these provisions to scrutiny, focusing on its impact on the remit of inquests and the Court of First Instance's power to override the Coroner's refusal to hold one which ought to be held. It contends that such interpretive endeavours are unlikely to yield practical dividends, emerge effective, sustainable or consequential in the long run, or prove defensible on doctrinal grounds. The principal reason lies in the fact that local jurisprudence on the right to life remains thin and underdeveloped, such that it lacks the necessary doctrinal and jurisprudential arsenal to sustain such judicial efforts and furnish principled guidance to the courts on how to arm the remoulded law with real bite. [ABSTRACT FROM AUTHOR]

After the 75th anniversary of adopting the Universal Declaration of Human Rights, we can state that some of its provisions still cause discussions about a basic and inherent right – the right to life. Getting a new “breath” after the Roe v. Wade case’s overturning, the battle between women’s abortion rights supporters and the protectors of the right to life for the unborn seems to get a new round. Worldwide experts in different fields start to find new arguments or remember the old ones to have solid proof in the discussions. It is too hard to find a more fundamental international document in the human rights field than the Universal Declaration of Human Rights, which can be used in this case. Many scholars’ papers claim that the Declaration is only for an already-born person and does not cover the unborn one. However, such a vision is incorrect and causes many misunderstandings and false interpretations of the international basis of human rights protection. This work will try to dispel the myth that the Declaration was written only for a born person. After analyzing hundreds of documents from the Declaration drafting process, using historical facts and drafters’ statements, we hope to shed light on the real essence of the Universal Declaration of Human Rights about the right to life. [ABSTRACT FROM AUTHOR]

Freedom of association is one of the most important human rights of human beings, which also plays a serious role in the demand and realization of other human rights. In many cases, these rallies are held to protest participants against the government's policies. The peaceful holding of rallies and the important role played by the police and other security forces in securing them are among the important issues that need to be addressed. In some cases, some participants in peaceful rallies may resort to violence and the police may be forced to use force to maintain order and security. The fundamental question of this article is what are the powers and obligations of governments, especially in the use of force to control peaceful assembly? The research method of this research is analytical-descriptive and the method of collecting information is library. The results of this study show that Iran's domestic regulations are generally in line with human rights standards, but in some cases, there is a conflict between these regulations. In Law on the Use of Weapons by Armed Forces Officers, the police appear to use weapons to control illegal assemblies if other means are not effective, but in the human rights system, police can use force only in cases of legitimate self-defense.

The judgment of the European Court of Human Rights in Mortier v Belgium, delivered in October 2022, is the first time the Court has squarely confronted the issue of whether permitting assisted dying is compatible with a state's obligation to protect life under Article 2 of the European Convention on Human Rights. The case, brought by the son of a woman who had been euthanised, was based predominantly on the argument that the Belgian system of assisted dying failed to adequately protect the lives of vulnerable individuals, such as the applicant's mother. A majority of the Court held that a permissive assisted dying regime could comply with the positive obligation to protect under Article 2, provided there are safeguards in place including a system capable of ensuring that an individual's request for assistance is freely made and informed, as well as a posteriori control in the form of supervision of compliance with the legislative and regulatory safeguards. While there were deficiencies in the Belgian system's a posteriori control which led to a finding of a violation of Article 2, the judgment clearly demonstrates that states can permit assisted dying without violating their protective obligations under Article 2. Significantly, the Court did not consider that permitting assisted dying for individuals whose suffering emanates from a non-terminal condition (including a mental illness) was problematic from a Convention perspective. The judgment is likely to be of considerable interest to policy makers, legislators, medical practitioners, and campaigners in the increasing number of jurisdictions both within the Council of Europe and beyond, that are considering whether to legalise assisted dying and, if so, the parameters of such a regime. [ABSTRACT FROM AUTHOR]

The increase of high-risk newborns due to societal changes has presented neonatal intensive care unit nurses with more ethical challenges and heightened their perception of neonatal palliative care. Therefore, this study was a descriptive survey exploring the perceptions of neonatal intensive care unit nurse regarding biomedical ethics and neonatal palliative care in neonatal intensive care units. The research participants were 97 neonatal intensive care unit nurses who had been directly involved with end-of-life care for high-risk babies. Data were collected from November to December 2021 through an online survey. The Korean version of Neonatal Palliative Care Attitude Scale and the tool of biomedical ethics were used. The collected data were analyzed using the T-test, ANOVA, Scheffé test, Pearson correlation coefficient, and multiple regression analysis. The mean score for perception of biomedical ethics in neonatal intensive care unit nurses was 2.89 of 4, and that of neonatal palliative care in neonatal intensive care unit nurses was 3.10 of 5. Existence of a protocol of neonatal palliative care, the experience of patients dying, and the right to life of neonates were factors influencing the perception of neonatal palliative care. The explanatory power was 12.5%. The data support the importance of guidelines regarding systematic neonatal palliative care. Also, developing programs for sharing and supporting experiences of patients dying among colleagues and persistent education about the right to life of neonates for neonatal intensive care unit nurses can improve perception of neonatal palliative care. [ABSTRACT FROM AUTHOR]

One of the main aims of the Sharīʿah (maqāṣid al-sharīʿah) is the protection of human life (hifz al-nafs). Advances in medical science have similar aims and have created technology to assist infertile couples to overcome their infertility. One of the technologies developed to further simplify this process is the ability to freeze excess embryos to be stored for long periods of time through cryopreservation. This technology allows infertile couples to use these embryos when they opt for treatment not only once but multiple times. Despite its benefits, the cryopreservation of embryos could bring about several legal issues. This study focuses on the legal status of cryopreserved embryos in two situations. The first is in the event of divorce between the parties and the second is in the event of death of one or both of the parties. The main concern in these two situations is does the couple have full authority to decide what happens to their embryos, even to the extent of allowing them to perish? Are cryopreserved embryos protected under the Sharīʿah? This paper analyzes the sanctity of human embryos within the Sharīʿah and legal frameworks in selected Muslim countries, with particular emphasis on issues of right to life and their potential legal repercussions on human society. In applying a comparative approach, this paper aims to shed light on the ethico-legal complexities surrounding cryopreserved human embryos under the Sharīʿah.

The Internet is an important part of modern life; however, most virtual processes are beyond the scope of legal control. The state as a legislator regulates relations that originate in the real world. As a result, the law often fails to take into account the specifics of virtual environment. The poor legal regulation comes from the fact that the legislator cannot determine whether digital rights and freedoms are new categories or a continuation of the existing legal provisions. In this article, the author attempts to identify the correct approach by answering the obvious question: Is there a digital life and a separate digital personality, or is the digital space a continuation of the constitutional right to life exercised by a real-life legal subject? The research relied on standard methods of cognition and specific scientific methods, e.g., comparative and formal logical analyses. While analyzing the concept of the constitutional right to life, the author defines the categories of digital image and digital personality in order to develop a variant of legal regulation of digital rights and freedoms. The validity of digital personality depends on the approach the legislator chooses to regulate digital rights and freedoms. If the legislator sees digital rights and freedoms as a continuation of the rights and freedoms that exist in reality, a digital personality is impossible: it is a digital image of a real person in virtual space. If the legislator evaluates rights and freedoms as a new category, a digital personality is a valid concept, but only in the context of artificial intelligence.

The discharge of nuclear-contaminated water containing radionuclides into the ocean by Japan will lead to its integration into the entire ecosystem through processes of circulation and biomagnification, eventually entering the human body via the food chain. This poses a substantial risk of irreversible damage to both the ecosystem and human health, a situation that will worsen with the ongoing discharge of such water. The respect and protection of human rights represent an international consensus, and safeguarding fundamental human rights is a substantial obligation that states must undertake in accordance with both international and domestic law. Since the Fukushima nuclear disaster, Japan has continuously violated its international legal obligations to protect human rights in several areas, including the resettlement of disaster victims, the reduction of nuclear radiation levels, and the handling of contaminated water. Such actions have compromised and will continue to compromise the basic human rights of not only its citizens but also those of people worldwide, including environmental rights, the right to life, development rights, and food rights. In the aftermath of the Fukushima meltdown, the public and workers involved in handling nuclear contaminants have been continually exposed to high radiation levels, endangering their rights to life, development, and health. Japan's inadequate efforts in victim resettlement and environmental restoration have jeopardized the environmental and food rights of its citizens to live healthily and access food in an environment unaffected by nuclear radiation. The release of nuclear-contaminated water poses a risk of Japan's nuclear pollution to the people of neighboring countries and the global population at large. The principle of human rights underpins the theory of a community with a shared future for humanity, and human rights are a crucial area of China's active participation in United Nations affairs and global governance. By voicing concerns over Japan's potential human rights violations globally, China demonstrates its role as a responsible major country. In response to Japan's breach of legal obligations and human rights violations, China can adopt a reasoned and beneficial approach, including calling on the international community to hold Japan criminally accountable for crimes against humanity under the Rome Statute and advancing scholarly discussions on ecocide and crimes against the marine environment. Furthermore, China should persist in seeking advisory opinions from the International Court of Justice and strive for substantive accountability, utilizing the mechanisms of international human rights organizations to make its voice heard. [ABSTRACT FROM AUTHOR]

The most important Public policy debates today surround the use of euthanasia to end the sufferings of terminally ill patients. This debate revolves around one of the most important aspects which is, the right to a dignified life, and it is the central concern for one and all. This research paper is an attempt to analyze the legal issues involved in legalizing euthanasia and the consequences thereof. The research paper will also focus on the role played by the judiciary in India related to euthanasia. [ABSTRACT FROM AUTHOR]

This article investigates the question of whether a death caused by negligence in the healthcare context is capable of violating the right to life under Article 2 of the European Convention on Human Rights. This provision imposes extensive positive obligations upon Contracting States, including an operational duty to take reasonable steps to save a life that they know, or ought to know, is at risk. This article addresses the question of exactly when such an operational duty arises, with particular focus on the healthcare context in which deaths caused by medical negligence have not traditionally been regarded as amounting to violations of the right to life. This article argues that two key factors in determining the existence of an operational duty to save life are the assumption of responsibility and nature of risk. It also argues for the need to take surrounding circumstances into account and for an increased use of the right to life in holding public bodies to account for deaths caused by negligence in the healthcare context. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

When Mahatma Gandhi said that "the greatness of a nation can be judged by the way its animals are treated", he clearly implied that equality must exist between the evolved animals, i.e. Humans and the rest of the animal clan. Humans have always adamantly self-proclaimed themselves as the 'superior' species, granting to themselves an authority to govern the rest, backed by a well-drafted constitution. While it is undeniable that a democratic society ensures fundamental rights to its citizens, a more civilized and sensitive one does not shy away from extending the same to its animals, too. The Apex Court of India in 2011 broke all barriers and differences in the famous Jallikattu case, whereby it brought animals under the ambit of the right to life guaranteed under Art. 21 of the Indian Constitution. While now this fundamental right has been constitutionally guaranteed to animals to live with dignity, a pertinent question to be asked is, does the right also encompass the right to die. The Supreme Court, in the case of Aruna Shanbaug, did declare that passive euthanasia is legal in India, thus bestowing the scope of passively ending the life of a terminally ill patient. Considering that animals may also very much be under the same circumstances, is this right of passive euthanasia applicable to them as well. This paper will thus dwell into analyzing the current scenario in India pertaining to euthanasia of ailing and terminally ill animals, the legal provision & judicial precedents worldwide on the issue and the moral rationale behind the same. [ABSTRACT FROM AUTHOR]

The right to receive consular protection and its guarantee by the host state is an element of making the right to a fair trial effective. Its development in the practice of human rights treaty bodies as a human right has put consular protection in interaction with human rights, especially the right to fair trial and the right to life. Violation of this right and depriving individuals in national courts and, conviction and sentence based on consular deprivation may lead to the ineffectiveness of criminal proceedings and the violation of some substantive rights, such as the right to life and Freedom from torture. The present essay, with an analytical-descriptive method, seeks to answer the question of how the Humanistic approach affects restitution as an appropriate remedy for the violation of the right to receive consular protection. It seems that Relative restitution in the form of review and reconsideration of sentences and punishments, provided to effectiveness, is considered an effective and appropriate remedy and guarantees the human rights of foreign nationals and the legitimate interests of the host state. On the other hand, the approach of full restitution in the form of annulment of the issued sentences and punishments is not considered an appropriate remedy due to providing an opportunity to escape from criminal justice and denying the jurisdiction of the host state. International precedent, alongside Cessation and non-repetition, has chosen partial restitution, provided to its effectiveness.

With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law.

The purpose of the study was to assess the events in Marikana against the elements of life and dignity as fundamental rights listed in the Bill of Rights in the South African Constitution of 1996 hereafter referred to as the Constitution. This paper argued that stakeholders ignored workers’ rights especially the right to life and dignity at the expense of corporate profit. This paper therefore assessed the Farlam Commission’s findings on the human rights violations by the state and the mine authorities. The Farlam Commission findings and recommendations indicated, further, that one of the consequences of the establishment of a constitutional state that respects every person’s right to life is that tighter restrictions may have to be introduced on the use of lethal force in making arrests. It is argued that human dignity, as one of the founding values of democratic South Africa, plays a pivotal role in addressing human rights issues. The authors contend that the foundations of the new age where all people’s rights must be preserved and respected are a total transformation and a restoration of a human life. This is founded on South Africa’s history of human rights violations, total disdain and terrible inhumanity by the apartheid administration. The authors hope that the arguments set out in this paper will help add to the debate on the realisation of rights and strengthen the practical application of the fundamental rights of life and human dignity as enshrined in the South African Bill of Rights.

The charter of human rights is a holy document and role model for the world. Article 3 of the UDHR reads that “right to life, liberty and security of a person” cannot be deprived without “due process of law.” Moreover, right to get free education, clean water, unpolluted environment and home are basic rights of human beings. Islam gives us a complete code of life and full explanation of which can be witnessed in the Holy Quran and Sunnah. Slogan of “liberty, equality and fraternity” paved the way for great French and U.S revolutions. First ten amendments of US constitution are known as “Bill of Rights” and all of them are basic rights of citizens. The story of rights began with the fall of man. Ancient thinkers and philosophers like Hobbes and Locke spent their lives for achievement of rights of mankind. 20th century is the period of independence of countries and emergence of human rights. Right to life is so important today that it has been guaranteed by almost all constitutions of the world including Pakistan. It is believed that the end of law is justice, and as such the very purpose of this article is to protect right to life of man. Main aim of this paper is, therefore, to highlight importance of this constitutional provision concerning “right to life”, seeking guidance from higher law, like the Holy Quran and Sunnah and other relevant cases law on “right to life”.

The trend toward the "humanization" of international law reflects a greater emphasis on individuals rather than simply states as objects of concern. The advance of human rights law (HRL) has been an important impetus for this trend. Some observers suggest that humanization can be furthered even more by applying HRL rather than international humanitarian law (IHL) to hostilities between states and nonstate armed groups, unless a state explicitly declares that it is engaged in an armed conflict. This essay argues, however, that a court should not defer to a state's characterization of hostilities, but should base its analysis on whether hostilities meet the criteria for an armed conflict. Applying HRL to hostilities that effectively are an armed conflict but not acknowledged as such risks diluting the legitimacy and normative force of HRL. On the one hand, if a court applies conventional stringent HRL standards, this body of law may be seen as unrealistic and is likely to be ignored. On the other hand, a court that adapts HRL standards to armed conflict may need to take a consequentialist approach at odds with HRL's deontological foundations. Clearly differentiating between HRL and IHL may thus best promote the humanization of warfare. [ABSTRACT FROM AUTHOR]

Children are the most vulnerable members of society, and it is our responsibility to ensure that they are protected from harm and provided with a safe and nurturing environment to grow and thrive. It is essential to recognize the rights of the unborn child and protect them, as they are the future of society. The rights of the unborn child are an integral part of sustainable development, as they represent the future generation that we must protect and nurture. By recognizing the rights of the unborn child, we can ensure that every child has a fair and equal chance to live a healthy and fulfilling life. The rights of the unborn child are crucial for their survival and well-being. The Indian Constitution guarantees certain fundamental rights to all individuals, including the right to life and personal liberty, which extend to the unborn child. The rights of the unborn child under personal laws are based on the same principles as those under the Constitution of India, namely the right to life and personal liberty. Personal laws play an essential role in shaping the rights of individuals, including the unborn child. While these laws provide some protections, there is still a need for stronger legal protections and enforcement mechanisms to ensure that the rights of the unborn child are upheld. It is essential to recognise the importance of protecting the rights of the unborn child, as they are the future of society. [ABSTRACT FROM AUTHOR]

This paper investigates how policies on migration in West Africa and from the region to Europe address and frame migrants’ deaths and right to life in general and actions recommended in objective 8 of the Global Compact for Safe, Orderly and Regular Migration (GCM) in particular. The paper is based on an analysis of West African national, as well as African and (West) African-European transnational policy and strategy documents. It finds that while the adoption of GCM objective 8 has contributed to slightly increase policy attention to migrants’ deaths and right to life, narrative frames have been key for the justification of how the six actions recommended in the objective have been addressed and implemented at the national, regional, and transregional levels. African policy documents supporting human right-oriented narrative frames have tended to include more comprehensive provisions, and European Union-(West) African policy documents supporting deterrence-oriented frames have tended to include less provisions. [ABSTRACT FROM AUTHOR]

With the promulgation of the Autonomous Driving Act in summer 2021, Germany took the worldwide lead on regulating self-driving cars. This Article discusses the (non-)regulation of moral dilemmas in this act. To this end, it clarifies the role of the so-called trolley problem, which influenced the report of the German Ethics Commission that paved the way for this act in particular and the relationship between philosophical reasoning, empirical studies, and the law in general. By introducing the international legal community to the (non-)regulation of moral dilemmas in the German act, the Article critically reviews the German goal, which is to serve as a European and international role model. This will be preceded by a discussion as to why self-driving cars should be allowed as well as the moral dilemmas they cause which should be regulated by the law. [ABSTRACT FROM AUTHOR]

The case Mortier v. Belgium is the first case where the Court comments on the figure of euthanasia. The area of euthanasia in particular raises the issue of finding a balance between the protection of the patients' right to life in Article 2 of the Convention and that of the right to respect for his or her private life and personal autonomy in Article 8 of the Convention. The Court confirmed the States must be afforded a margin of appreciation in finding this balance. However, it does not concern an unlimited margin as the Court reserved its power to review the States fulfilment of its obligations under Article 2. After deciding that there had been no breach of article 8 in the performing of euthanasia as such, the Court examined the positive obligation of Belgium to foresee in sufficient safeguards to protect the right to life. [ABSTRACT FROM AUTHOR]

We argue that the right to life—for example under Article 2 of the European Convention—has become an increasingly fragile thing, prone to sharp rationing by domestic law and policy makers, almost to the extent seen in certain works of dystopian science fiction. The near-future novel 'Logan's Run' (1967) depicts a brutally austere regime, that is 'justified' in law on the basis that finite, scarcening resources must somehow be preserved, to enable survival. Over—population means that human rights are now fictive however—there are neither family life rights nor privacy rights, and human dignity is in short supply. An all-powerful AI 'being' governs via algorithms to ration and curtail lifespans, so that no one is allowed to be older than 21. This rule is enforced via 'voluntary' submission to euthanasia, and the intervention of a murderous militia for those who do not comply. As ever, patriotic behaviour is key. Arguably, not dissimilar crisis thinking was seen during the pandemic, with various resources diverted or triaged towards the worthiest citizens—those with the best chances of survival—through the use of such things as 'frailty algorithms.' Recent UK case law is then analysed to gauge the extent to which dystopian reasoning might be encroaching upon the effectiveness of human rights protections, post-pandemic. [ABSTRACT FROM AUTHOR]

Copyright of Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The discussion of legal aspects of euthanasia and assisted termination of life has been going on for many years. It touches upon complex topics such as legal, moral, health, religious or societal issues. In terms of human rights, it focuses primarily on juxtaposing the right to life with other rights, such as the right to privacy, the right to decide for oneself, or freedom from torture and inhumane treatment. At the level of international law, the European Court of Human Rights has not decided to establish uniform standards for the protection of the right to life regarding euthanasia and assisted termination of life, allowing the application of the principle of freedom of assessment by the signatory states of the Convention for the Protection of Human Rights and Fundamental Freedoms. The consequence of this is the establishment by individual countries of non-uniform legal regulations, which leads to a differentiation in the legal situation of their citizens. The purpose of this article is to determine whether it is possible to derive a universal right to dignified death, and what the consequences of a lack of an international standard on legal regulations in the field of euthanasia and assisted termination of life are for the protection of human rights. [ABSTRACT FROM AUTHOR]

The Universal Periodic Review (UPR), established in 2006, has been hailed as an innovative mechanism of the United Nations' Human Rights Council. The peer review mechanism assesses the human rights records of all UN Member States and provides recommendations to further the global promotion and protection of human rights. This article provides an analysis of the Kingdom of Saudi Arabia's third UPR in 2018 with a specific focus on the State's use of capital punishment. It explores the challenges faced by the UPR and issues recommendations to foster meaningful discourse, in the international community, to protect the right to life and engender change at the domestic level. [ABSTRACT FROM AUTHOR]

Faced with restrictive border policies, third-country nationals are increasingly turning to the European Court of Human Rights to protect their lives. Until recently, Article 2 of the European Convention on Human Rights has not been much pronounced upon in the Court's asylum and migration jurisprudence. However, its three recent judgments concerning pushbacks and border deaths M.H. and Others v. Croatia, Safi and Others v. Greece and Alhowais v. Hungary, advance the Court's case law on the right to life. This article scrutinises the Court's overall strong response to national pushback practices carrying life-threatening risks. [ABSTRACT FROM AUTHOR]

As of September 2023, consensual same-sex sexual acts between adults (for both men and women) in private were criminalised in a total of 67 United Nations (UN) member States. Most of these States were in Africa, a continent of more than 1.4 billion people, where more than 30 out of Africa Union's 55 States criminalised consensual same-sex sexual acts between adults in private. The justification advanced in favour of criminalisation is that non-heterosexual sexual acts do not conform to the moral, cultural or religious views of a section of society. In some States, consensual same-sex sexual acts between adults in private were punishable by a maximum penalty of death or long prison sentences. The African Charter on Human and Peoples' Rights (the Charter) and several protocols adopted under the Charter do not prohibit explicitly discrimination based on real or perceived sexual orientation, gender identity and sexual characteristics. Thus, sexual orientation has remained on the margins of the African regional human rights system and has also remained largely outside the consideration of the African Commission (and the African Court) on Human and Peoples' Rights, the limited jurisprudence is mainly between negative and retrogressive. This article examines the criminalisation of private, consensual same-sex relations, sexual or affective, between adult persons of the same gender or sex in Africa with particular reference to Uganda's Anti-Homosexuality Act 2023 and its impact on human rights including respect for life, privacy, human dignity, integrity, liberty and security of the person, equality and non-discrimination, health, as well as freedom of association, expression and peaceful assembly. [ABSTRACT FROM AUTHOR]

Opposable erga omnes, the right to life is an absolute and intangible right of the human being and is protected by criminal law in the interest of the whole society, including for the purpose of ensuring human coexistence. In other words, the interest of the criminal law is to impose on all citizens the obligation to respect the life of each individual, to respect the human desire to live. Seen as an attempt on the person’s life, the act of determining or facilitating suicide could not remain outside the incrimination in the Criminal Code as a crime. The present paper is a study of this incrimination from the perspective of the defense of the right to life.

The right to a healthy environment is not explicitly mentioned in the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950. The mentioned right is more recent and belongs to human rights of the third generation In the final Declaration of the United Nations conference on the human environment held in Stockholm in 1972, the basic human right to freedom, equality and adequate living conditions in an environment that allows an individual to live in dignity and wellbeing is mentioned for the first time. Although the right to a healthy environment is not mentioned in the European Convention for the Protection of Human Rights and Fundamental Freedoms, it is still given importance through the judgments of the European Court of Human Rights, which is responsible for considering violations of the said Convention. The protection of that right is linked to other rights guaranteed by the Convention, such as, for example, the right to life, right to private and family life, etc. The aim of the research in this paper is to indicate the importance of establishing a guarantee of the right to a healthy environment, as well as the increasing importance of its protection as a prerequisite for the enjoyment of some other basic human rights. The paper uses the method of content analysis. In addition to the analysis of the Draft Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, we also analyze the content of the verdicts of the European Court of Human Rights.

The paper aims to shed light on the interpretation of mercy killing, i.e., euthanasia, in European Court of Human Rights cases. This controversial phenomenon has a specific legal status. More specifically, due to the complexity of euthanasia, it is impossible to create universally accepted international standards. On the other hand, modern society creates a need to expand the legal boundaries regarding bioethical issues related to the compassionate end-of-life care. The European Court of Human Rights is a unique international organization that interprets universal legal documents, especially the European Convention on Human Rights, in the context of euthanasia. Bearing this in mind, it is important to collect and analyze the information resulting from the specific decision-making process of the European Court of Human Rights. The Court's past and future similar cases will certainly affect the future legal status of euthanasia both internationally and at the level of member states.

This paper explores the practice of pushback operations in the Mediterranean Sea in the last decade, observing it both through the prism of states’ security interests and through their obligations under human rights law. Analysis of the content of some of the basic human rights – in particular the right to life, the prohibition of refoulement and the prohibition of collective expulsions – and their applicability in the context of pushback operations reveals that it is virtually impossible to reconcile pushbacks as a means of safeguarding states’ borders and states’ human rights obligations. It seems that the Mediterranean states and the European Union have come full circle – from the Italian pushback programme in 2009, through the condemnation of the practice by the European Court of Human Rights in the landmark decision of Hirsi Jamaa v. Italy and the subsequent replacement of the practice of pushbacks with the practice of pullbacks, to renewed systemic hot returns. A viable solution at the European Union level needs to be found or otherwise the states which are on the front line of migratory flows will continue to prioritise their own security interests over their human rights obligations.

The author critically analyses the decision of the Human Rights Committee (HRC) in Daniel Billy et al. v. Australia and argues that this decision leaves several gaps in its interpretation and application of 'right to life' and rights of children in a climate change case. This is the second decision in which the HRC holds that climate change, sea-level rise, coastal erosion etc. is likely to negatively impact right to life of people residing in affected coastal regions in the next 10–15 years, preventing the HRC to hold that climate change or sea-level rise is an 'imminent' or 'foreseeable' threat to the right to life of people. For the rights of children, he HRC rules that right to culture was impaired, specifically because the islanders ability to disseminate their culture to future generations was impaired. While this rationale was used to hold 'right to culture' violations, this rationale was not applied in the context of 'rights of children'. The HRC decision overall does not take the inter-dependability of human rights into consideration, while holding that one right is violated and other is not. [ABSTRACT FROM AUTHOR]

The paper aims to shed light on the interpretation of mercy killing, i.e., euthanasia, in European Court of Human Rights cases. This controversial phenomenon has a specific legal status. More specifically, due to the complexity of euthanasia, it is impossible to create universally accepted international standards. On the other hand, modern society creates a need to expand the legal boundaries regarding bioethical issues related to the compassionate endof- life care. The European Court of Human Rights is a unique international organization that interprets universal legal documents, especially the European Convention on Human Rights, in the context of euthanasia. Bearing this in mind, it is important to collect and analyze the information resulting from the specific decision-making process of the European Court of Human Rights. The Court's past and future similar cases will certainly affect the future legal status of euthanasia both internationally and at the level of member states. [ABSTRACT FROM AUTHOR]

The in vitro fertilization procedure involves rigorous knowledge of the category of human rights which concerns, in particular, the right to life and health of the child and women. The protection of human life and dignity are part of the primary obligations of any rule of law, and this protection includes prenatal life, respectively the protection of the rights of the unborn child. Both European norms and national criminal legal provisions ensure the existence and observance of a functional legal framework to protect in case of need the rights of the fetus, the in vitro fertilization procedure being especially likely to give rise to legal situations involving the knowledge and observance of all the rights associated with the human being.

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this right-to-life argument emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the obligation to use nonlethal incapacitation (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. [ABSTRACT FROM AUTHOR]