The right to live. Right to privacy

The inalienable for every individual is the right to life, which is protected by law. Its content states that no one can be deliberately selected to live. This right imposes an obligation on the state to do everything to ensure that a person is out of danger. In addition, the state should take care of an effective investigation of the murders. In Russia, the existence of the right to life is established by the Constitution.

Deprivation of life

In what situation can the law deprive a person of his life? Such an action is committed when it is absolutely necessary to use force to protect any person from unlawful tyranny. Thus, they carry out lawful detention or prevent the escape of a person detained on a lawful basis. And it is also necessary to suppress, according to the law, mutiny or rebellion.

The practice of ending the life of people suffering from incurable diseases and undergoing unbearable agony is called euthanasia. In some countries, outsiders assist legally in voluntary suicide.

Protection of the rights of unborn babies

In many countries it is believed that the person gets the right to life only at the time of birth. However, opponents of abortion and experiments with stem cells try to confirm it from the moment of conception. It should be noted that the eighth amendment to the Constitution of Ireland, adopted in 1987, recognizes the fruit of the right to life within the same boundaries as it recognizes for its mother. And in Hungary in 2011, a new edition of the Basic Law came into force, providing for the protection of people's lives from the moment of conception. In fact, this indicates that a ban on abortion has been introduced.

The term of pregnancy, from which people are considered to be living beings, is determined by the lawmakers of a particular country. In the states various norms of viability of the unborn child are accepted. Thus, in Ukraine, a fruit is considered viable only with a weight of more than 500 g. The decision is taken by the responsible specialists in different ways. And all because many maternity hospitals are not equipped to care for such children.

The death penalty

Depriving people of life as retribution is called the death penalty. It can be legitimized by the government and enforced by the verdict of the court that came into force. Sometimes this can be the decision of other military or state bodies. As you can see, there are many interpretations of a person's right to life.

In the civilized world, the death penalty in many jurisdictions is illegal. But some consider it a normal criminal punishment, although they are used only in cases of extremely serious crimes. In China, the death penalty is used everywhere and for lesser offenses. In this country bribes, pimps, poachers, counterfeiters, those who do not pay taxes, and so on, are punished in a similar cruel manner.

Russian and Soviet legal practice, when determining the death penalty at different times, usually uses euphemisms. The most acceptable option in modern society is the execution. Also used are such methods of execution as electric chair, hanging, lethal injection, stone stoning and cutting off the head.

Private life

The right to inviolability of private life in jurisprudence is included in the category of inalienable. It includes the following aspects:

• The prohibition on the collection, storage, dissemination and application of information about the private life of people without their consent.
• The right to control information about yourself.
• The right to protect a good name and honor.
• The right to protection of personal data.
• The right to privacy of communication. Sometimes it is issued as a separate category.
• The right to professional secrets (medical, secret of confession, adoption, etc.).

In the socialist countries, instead of the term "private life", the phrase "private life" was used. Russian lawyers usually allocate the right to privacy in a narrow and broad sense. In the second case, it is meant to protect a wide range of activities of the individual, not related to public work. In fact, in this situation, the right to privacy includes laws on family and personal secrets, the protection of one's own data, the integrity of the home and the like. The narrow meaning of this law treats the protection of only a very small sphere of human activity, which has no legal origin. It can even be an ordinary friendly relationship, for example.

Of course, most countries that formally declare human rights do not always implement them in practice. And the integrity of private life is often left on paper, even if it is guaranteed by laws and the Constitution.

History

The right to life is more a motto than an explicit term. Hobbes argued that self-preservation is the primary duty of every person, so that it is natural for him to do everything that promotes self-preservation.

So, this right acquired great prominence on the lands of Europe in times of bourgeois upheavals. In the legislation of France it was normatively fixed. And in the American Constitution and the Bill of Rights of the United States so far no one has secured it, although it is derived from a number of constitutional amendments.

For the first time, the rights to family life were scientifically developed in the article of the well-known legal scholars LD Brendaiss and SD Warren, The Right to Privacy, printed in America in 1890. Subsequently, this right was supported by a series of precedents of the US Supreme Court. This authority approved its existence and withdrew a number of amendments to the American Constitution.

In the post-war period, in the fifties, this right was consolidated by a number of international agreements by many states of the world. The USSR also entered this list, and subsequently Russia, in which the right to privacy was protected by the state.

Legal regulation

In Russia, this right is declared by 23, 24 and 25 articles of the Constitution. Normative acts regulating the protection of the right to privacy also include 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 of personal life protects Art. 137 of the Criminal Code of.

Research

In Russia, the right to life was analyzed at the monographic level by MN Maleina, IL Petrukhin, the constitutionists IM Khuzhokova and GB Romanovsky.

The right to privacy can be limited only in the manner prescribed by law, and only by judicial decision. IM Khuzhokova points out the contradictions between the Russian constitution, the norms of the constitutional Federal Law "On the state of emergency" and modern realities. She drew attention to the fact that in these documents the right to the integrity of family life is interpreted as not subject to restriction. Namely, this is the result of its incorrect interpretation when implementing from Western sources.

Absolutism of Hobbes

In the Hobbes social agreement, intelligent individuals give all the rights to their body and individuality to the one they choose as their sovereign. Suppose that they sanction all his actions. Hobbes's absolutism excludes only one fact: since the social agreement pursues the goal of self-preservation, a sovereign to his subject can not order himself to be killed.

Locke qualified the civil community as an alliance, saving lives, freedom 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 people are born equal. We understand that man is endowed by his Creator with some inseparable rights, whose list includes the right to freedom, life and the desire for happiness. " The right to life based on such a high level is nevertheless unconditional.