The Constitutional Human Right to Life in Ukraine: a Modern Approach to Understanding

Abstract

The purpose of the article is to reveal the essence of the concept of «constitutional human right to life», to analyze its constituent elements; to consider issues related to the human right to life (suicide, euthanasia, abortion), as well as the possibility to include in this right the duty of the state to maintain and develop general conditions for a worthy life. Methodology. The methodological basis of the research is the methods and techniques of scientific knowledge. Their application is conditioned by a systematic approach, which enables them to consider outlined problems in the unity of their social content and legal form. In particular, the formal-logical method was applied to analyze the elements of the constitutional human right to life, as well as to establish the essence of the concept of the constitutional human right to life and other related concepts. Methods of analysis and synthesis have revealed the logical structure of the concept of the human right to life, the construction of definitions, other theoretical constructs, and a comparative legal method – to compare the laws of different countries of the world concerning the issue of the human right to life. To formulate the concepts of «human right to life», «suicide», «euthanasia», «abortion», a formal legal method was used. The statistical method has helped to investigate statistical information on abortion worldwide (1994–2014, 2010–2014). Scientific novelty is the formulation of a number of new conceptual provisions and conclusions regarding the understanding of the constitutional right to life, the problematic issues related to this right; emphasizing the broadening of the concept of human right to life, including the obligation of the state to maintain and develop general conditions for a worthy life. Conclusions. The constitutional human right to life is a fundamental, inalienable right of every individual, guaranteed by the Constitution of Ukraine (Article 27), which applies to civil (personal) rights in the system of rights and freedoms of the individual and the citizen. This right consists of the following elements: the inalienability of the human right to life, the prohibition of arbitrary deprivation of life, and the right to protect one’s life and that of others against unlawful encroachment. A person has the opportunity to manage his life at his own discretion, first of all, to use all legitimate means and resources for the prevention of premature mortality, etc. The duty to protect the right to life, in particular, requires that states take appropriate measures to remedy the general conditions in society that may endanger lives or prevent persons from living a worthy life.

Keywords: constitutional human rights; right to life; suicide; euthanasia; abortion.