Prawo do życia w traktatach międzynarodowych
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Date
1984
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Wydział Prawa i Administracji UAM
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Right to life in the international treaties
Abstract
Provisions of the international treaties, both universal and regional, instituting
the right to life are put by the authoress under examination and appreciation.
Contents of the right to life is not univocally formulated in those treaties
and in consequence a scope of its legal protection beco:mes a source of certain
doubts.
The treaties under discussion contain relatively numerous judicial guarantees
persons sentenced to death penalty are entitled to, whereas an individual is protected
against the arbitrary deprivation of life in an insufficient degree. A lack
of precise definition of the notion „arbitrarily" is the reason for that as well as
a lack (with the exception of the European Convention) of limits assigned in
which organs of law and order can use physical force and put somebody to death
in „non-arbitrary means".
The treaties concerning 'human rights do not guarantee a conceived child the
„right to be born". Decisions of international organs are sharing that opinion.
Meanwhile other international acts (eg. declaration of rights of child, draft of the
convention of rights of child) are inclining towards protection of conceived child.
The studied treaties do not protect the right to life in face of such threats
as: acts of terrorism, political homicides, emergency executions or practices of
state organs resulting in „disappearances" of individuals.
A new concept of the right to life appeared in the humanitarian law and
in other international acts (eg. Declaration on Social Progress and Developement).
They advocate not only a protection against arbitrary (deprivation of life but
also set guarantees of a minimum standard of existence.
All in all the „night to life" becomes to be understood as the „right to living",
especially 'in the recently adopted international acts. That aspect has to be
accounted for in discussions on the right to life in a wider scope than recently,
as they have had too traditional limits set by problems of capital punishment and
admissibility of abortion.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 46, 1984, z. 3, s.73-94
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ISBN
ISSN
0035-9629