جستجوی مقالات مرتبط با کلیدواژه « right to respect for private » در نشریات گروه « فقه و حقوق »

Despite the fact that “Right to die” has been always in the list of much disputed human rights, but none of the international human rights instruments, and most of the national codes of law, have recognized such right expressly. However, in European Court of human rights and even some of the domestic courts, people have claimed of having this right and some of these claims have led to change of national laws. This article is about to find whether the European Court, with special regard to European Convention of human rights, have recognized right to die for people? and how much may the government legally limit the rights and freedoms which are considered foundations of right to die?

The modern right to die discourse –in the sense of having right, and not necessarily being right- , regardless of its moral content, has nowadays been turned into a duty-based concept, instead of something related to good and evil, and accordingly it has been in conformity with some rights and freedoms mentioned in human rights instruments, and contrary with some others. The opponents, affirming the sanctity of life and limited autonomy and liberty of man, are worried about probable abuses of this right and some of them go even too much further than this and equalize it to homicide. On the other hand, the proponents emphasize on human liberty and moral agency, inherent dignity, and his right to decide for his own private life.
This article has surveyed international human rights instruments, to find even an implicit recognition of right to die in the light of other aforementioned rights, and to demonstrate what would be the obligations of states in order to recognize this right.