The Right to Life

• Author: Varvara Licuta Coman - Jana Maftei - Vasilica Negrut
• Position: 1Assistant Professor, PhD in progress, 'Danubius' University of Galati, Faculty of Law, Romania - Associate Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania - Professor, PhD, 'Danubius' University of Galati, Faculty of Law, Romania
• Pages: 239-243

Legal Sciences

239

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The Right to Life

Varvara Coman

1

, Jana Maftei

2

, Vasilica Negru

3

Abstract: In the present study, we set oursel ves to analyze a subject, which, due to its importance and

extreme complexity, generated many discussions and controversies both a t national and international level:

the right to life. The great evolution of the contempor ary society and the progress registered in various fields

brought into the attention of the states, international organizations, specialists in the field and public opi nion

the pressing problem of interpreting the content and li mits of the human fundamental rights and liberties. We

set ourselves to analyze the main international instruments regulating the right to life and to identify the

situations where determining the content of this fundamental right in necessary. Without the intent of a

complete w ork, we understand, throughout this st udy, to highline the great importance of the right to life

respecting for the entire humanity.

Keywords: rights and liberties; the right to death; human dignity

1. Introduction

The human being, the supreme value of the humanity, benefits from rights, coming from its quality of

human being, wherever, no matter the state or region where he was borne, lives, no matter the

nationality, race, sex, religious and philosophical beliefs, material status. All these elements are the

foundation of the equal and inalienable rights, a corollary of liberty, justice, security and world peace.

In the contemporary society, characterized by fast progress in fields like medicine, biology, chemistry,

and most of all informatics, the problem of respecting the fundamental human rights is often invoked.

The interest aroused by this problem is the indisputable acknowledgement of the importance of

fundamental rights and liberties, extremely complex institution (Maftei, 2010, p. 113), without which

we can’t talk about a really democratic society, fundamental element – in order to promote the human

dignity at national and international level.

Between the fundamental human rights regulated in different national and international documents, a

special place is taken by the right to life. This way, the Universal Declaration of Human rights,

provides the right of every human being to life, liberty and person’s inviolability (art.3). Also, the

human right to life health, interdiction of torture and of degrading and inhuman treatment, as well as

the respect for private life (art. 2, 3, 7, 8) are provided by the European Convention of Human Rights.

At national level, the Romanian Constitution by the art. 22, regulates the right to life, to physical and

mental health of the person, in art.26, align. 2, it provides the right of every person to dispose of its

own person, without prejudicing the rights and liberties of others, the public order or the morals, art.

34 of the fundamental law guarantee the right to health care.

1

Assistant Professor, PhD in progress, “Danubius” University of Galati, Faculty of Law, Romania, Address : 3 Galati Blvd,

Galati, Romania, tel: +40372 361 102, fax: +40372 361 290, Corresponding author: varvara.coman@univ-danubius.ro

address.

2

Associate Professor, PhD, “Danubius” University of Galati, Faculty of Law, Romania, Address: 3 Galati Blvd, Galat i,

Romania, tel: +40372 361 102, fax: +40372 361 290, e-mail: janamaftei@univ-danubius.ro.

3

Professor, PhD, “Danubius” University of Ga lati, Faculty of Law, Romania, Address: 3 Galati Blvd, Galati, Romania, tel:

+40372 361 102, fax: +40372 361 290, e-mail: vasilicanegrut@univ-danubius.ro.