Right to life

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Article 2 of the Charter of Fundamental Rights of the European Union affirms the right to life.

Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being. The concept of a right to life is central to debates on the issues of capital punishment, euthanasia, self defense, abortion and war. The right to life is enshrined in article 3 of the United Nations' Universal Declaration of Human Rights and in article 6 of the International Covenant on Civil and Political Rights, making it a legally enforceable right in every United Nations member state:

“	Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.	”
—Article 6.1 of the International Covenant on Civil and Political Rights

Pro-life advocates who support this concept define embryos and fetuses as human beings that have a right to life, and oppose embryonic stem cell research and abortion.

Contrary to prevailing norms, the Basic Law for the Federal Republic of Germany holds the principle of human dignity paramount, even above the right to life.

1 Juridical views
2 Politics
3 Opposing view points
4 Test cases
5 References
6 See also
7 External links

[edit] Juridical views

In 1776, the United States Declaration of Independence declared that "life" is one of the unalienable rights, implying that all persons have the right to live and/or exist. The Declaration of Independence continues that a government has the obligation to secure the unalienable rights of its people. When a government no longer respects this fundamental reason for its existence, it is the "right" and "duty" of the people to overthrow it.

In 1948, the Universal Declaration of Human Rights, adopted by the United Nations General Assembly declared in article three, "Everyone has the right to life, liberty and security of person."

In 1950, the European Convention on Human Rights was adopted by the Council of Europe, declaring a protected human right to life in Article 2. There are exceptions for lawful executions and self defence, arresting a fleeing suspect, and suppressing riots and insurrections. Since then Protocol 6 of the Convention has called for nations to outlaw capital punishment except in time of war or national emergency, and at present this pertains in all countries of the Council except Russia. Protocol 13 provides for the total abolition of capital punishment, and has been implemented in most member countries of the Council.

In 1989, the United Nations General Assembly adopted the Convention on the Rights of the Child (CRC), stating that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth....States Parties recognize that every child has the inherent right to life." The only two non-parties to this Convention are the United States and Somalia. While Madeleine Albright, at the time the U.S. Ambassador to the United Nations, signed the Convention in 1995, it was not ratified by the Senate. President Bill Clinton chose to submit the Convention to the Senate for ratification by a two-thirds majority; nevertheless, this never happened. In September of 2001, the U.S. presented a document to the U.N. that stated in part: "The Convention on the Rights of the Child may be a positive tool for promoting child welfare for those countries that have adopted it. But we believe the text goes too far when it asserts entitlements based on economic, social and cultural rights. ... The human rights-based approach ... poses significant problems as used in this text." [1] Despite not having been ratified by the United States, the CRC was used in 2005 by the United States Supreme Court to help justify banning the juvenile death penalty, in the case of Roper v. Simmons.

[edit] Politics

The controversies around right to life consistently energize voters with many being single issue voters. Around abortion issues, it also plays a large role in powerful appointed positions, especially judicial appointments in the United States with the charge from both sides of it being a "litmus test".

[edit] Opposing view points

Many utilitarian ethicists argue that the right to life, where it exists, depends on conditions other than membership of the human species. The philosopher Peter Singer is a notable proponent of this argument. For Singer, the right to life is grounded in the ability to plan and anticipate one's future. This extends the concept to animals, such as apes, but since the unborn, infants and severely disabled people lack this, he states that abortion, painless infanticide and euthanasia can be "justified" (but are not obligatory) in certain special circumstances, for instance in the case of severely disabled infants whose life would cause suffering both to themselves and to their parents.

Another argument against the "right to life" states that abortion is not a form of murder, hence "pro-choicers" are no less "pro-life" than "pro-lifers." These pro-choicers typically do not advocate Singer's more radical beliefs, including zoophilia, as they find these beliefs distinct from the more common concept of the right of a woman to choose abortion. Some would also state that capital punishment and war are necessary tools to protect society and civilization as a whole, and are thus morally acceptable.

[edit] Test cases

Among recent significant test cases were Terri Schiavo (United States) and a case involving an infant born very prematurely ^[1]^[2] in the United Kingdom. These both involved decisions to remove life support from patients which were challenged in the courts.

[edit] References

^ Q&A: Charlotte Wyatt case by David Batty, The Guardian, October 21, 2005, accessed June 4, 2007
^ Ethics review set up after ruling on Wyatt baby by Maxine Frith, The Independent, Oct 9, 2004, accessed June 4, 2007

[edit] See also

[edit] External links

v • d • e Articles of the Universal Declaration of Human Rights

General Principles	Article 1: Freedom, Egalitarianism, Dignity, and Brotherhood · Article 2: Universality of rights

Civil and Political Rights. Treaty: International Covenant on Civil and Political Rights	Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel, unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention, and exile · Article 10: Right to fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to Privacy · Article 13 Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience, and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

Social, Cultural and Economic Rights. Treaty: International Covenant on Economic, Social and Cultural Rights	Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest & leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties	Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations · Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Human Rights Category · Human Rights Portal

v • d • e Human rights

Concepts & Philosophies

Inalienable rights · Fiduciary law · Freedoms · Natural rights · Negative rights · State sovereignty · Universality · Universal jurisdiction

Organisations

International human rights bodies	Committee on the Rights of the Child · International Committee of the Red Cross · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council

Regional human rights bodies	African Commission on Human and Peoples' Rights · African Court on Human and Peoples' Rights · African Court of Justice · European Court of Human Rights · European Committee for the Prevention of Torture · Inter-American Commission on Human Rights · Inter-American Court of Human Rights

Multi-lateral bodies involved in human rights	European Union · Council of Europe · Organisation of American States · UNHCR · UNOCHA · International Labour Organization · WHO · UNESCO · UNAIDS · UNDESA · CSW · UNFPA · UNICEF · UNIFEM · UNDP · FAO · UN-HABITAT

Major NGOs	Amnesty International · Human Rights Watch

Legal instruments

Declarations	Cairo Declaration of Human Rights · Declaration on the Rights of Indigenous Peoples · Universal Declaration of Human Rights · American Declaration of the Rights and Duties of Man · Paris Principles

International human rights law	Convention Against Torture · Convention on the Elimination of All Forms of Discrimination Against Women · Convention on the Elimination of All Forms of Racial Discrimination · Convention on the Rights of Persons with Disabilities · Convention on the Rights of the Child · International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families · International Convention on the Suppression and Punishment of the Crime of Apartheid · International Convention for the Protection of All Persons from Enforced Disappearance · International Covenant on Civil and Political Rights · International Covenant on Economic, Social and Cultural Rights

Regional human rights law	African Charter on Human and Peoples' Rights · American Convention on Human Rights · European Convention on Human Rights · European Convention on Torture · European Social Charter · Inter-American Convention on Forced Disappearance of Persons · Inter-American Convention to Prevent and Punish Torture · Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women · Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

International humanitarian law	Convention on the Prevention and Punishment of the Crime of Genocide · Convention Relating to the Status of Refugees · Protocol Relating to the Status of Refugees · Geneva Conventions · Hague Conventions · Rome Statute of the International Criminal Court

Concepts that may be considered as human rights

Civil & Political rights	Right to life · Right to die · Right to bear arms · Right to liberty · Right to security of person · Freedom of movement · Freedom from slavery · Freedom from torture · Freedom from cruel and unusual punishment · Right to personhood · Right to equality before the law · Right to effective remedy before the law · Freedom from arbitrary arrest and detention · Freedom from exile · Right to a fair trial · Right to presumption of innocence · Right to Privacy · Right of asylum · Right to a nationality · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of assembly · Freedom of association · Right to suffrage · Right to marriage and family life · Right to protest

Economic & Social rights	Labor rights · Right to just remuneration · Right to equal pay for equal work · Right to join a trade union · Right to social security · Right to rest & leisure · Right to work · Right to property · Right to intellectual property · Right to participate in culture · Right to education · Freedom of education · Right to an adequate standard of living · Right to healthcare · Right to water · Right to food

Reproductive rights	Family planning · Reproductive health · Right to legal abortion · Right to genital integrity · Freedom from involuntary female genital cutting

Rights of war	Rights of civilians · Rights of prisoners of war

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Right to life

From Wikipedia, the free encyclopedia

Contents

[edit] Juridical views

[edit] Politics

[edit] Opposing view points

[edit] Test cases

[edit] References

[edit] See also

[edit] External links

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