Suchergebnisse

The right to life constitutes one of the main human rights and freedoms, foreseen by article 21 of the Albanian Constitution and article 2 of European Human Rights Convention. No democratic or totalitarian society can function without guarantees and protection of the human right to lifeWe intend to address these issues on our article: What is life. What we legally understand with life. When the life starts and finish. How this right has evolved. Which is the state interest on protecting the life. Should we consider that the life is the same for all. Should the state interfere at any cost to protect the life. Is there any criminal charge for responsible persons to the violation of this right. Is this issue treated by European Human Rights Court. What are the Albanian legal provisions on protection of this right.This research is performed mainly according to a comparative and analytical methodology. Comperative analysis will be present almost throughout the paper. Treatment of issues of this research will be achieved through a system comparable with international standards in particular and the most advanced legislation in this area. At the same time, this research is conducted by analytical and statistical data processing. We believe that our research will make a modest contribution, not only to the legal literature, but also to criminal policy makers, law makers, lawyers and attorneys.

The paper deals with the issue of protection of the right to respect for private and family life in European Court of Human Rights. This right is guaranteed at the level of major international law acts in the area of human rights protection: The Universal Declaration of Human Rights 1948, The International Covenant on Civil and Political Rights 1966. The European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 may be also referred to such acts. It's suggested that ECtHR operating under the monitoring mechanism provided by the Convention pays conspicuous attention to issues of the right to respect for private and family life guaranteed under article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. To support this claim corresponding statistics is brought forward. The content of private and family life concepts in ECtHR practice is studied. The Court's understanding of invasion of private and family life on the part of the state under Part 2 Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 and legal views of ECtHR are considered. Protection of human rights in the area of environmental conservation pursuant to Art. 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and corresponding elaborated approaches are studied. ; peer-reviewed

The right to life is a fundamental and absolute human right, which, through its importance, goes beyond the sphere of personal interest, having relevance for the whole society. In a generalized context, it includes in its structure all the other rights, but also duties recognized to man. The right to life is portrayed as having two dimensions: a minimum content and a maximum content. Stricto sensu, the right to life protects the human being against harm to his or her bodily integrity by another person, and is therefore primarily a prohibition on killing another being. Lato sensu, the right to life is an expression that designates the set of rights that are attributed to living beings in general and people in particular. It is important to determine when the protection of the right to life begins, which in various laws of the European States leads to the criminalization or noncriminalization of the act of abortion and also to the determination of the content of this right, in order to determine whether it includes the right to die. Marginally, the jurisprudence of the European Court of Human Rights has ruled on this alleged right, challenging its existence, but not unanimously. What are the limits of this right if it were recognized? Is there such a right or not, and if so, can it be accepted that death is only one side of the right to life? In the following analysis we will try to identify certain questions to which we should look for an answer, in order to reach a conclusion: Does the right to life include the right to die?