Miroshnychenko O. The Human Right to Life (Theory and International Cooperation Practice)

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0405U001257

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

04-03-2005

Specialized Academic Board

Д 64.086.03

Yaroslav Mudryi National law university

Essay

The dissertation is devoted to the complex research of the essence of human right to life, its legal nature and meaning, practice of application, interpretation and defence by international bodies for human rights protection. The origin of human right to life and the stages of its formation have been studied. The legal nature of this right has been clarified, and the first legal instruments it was set forth in have been studied. The notion of "human right to life" has been formulated, and the meaning of its essential characteristics has been revealed. Present international instruments defending the right to life and the practice of international bodies as to the interpretation and application of this right have been analyzed. Conceptual theses, propositions and conclusions as to the topic studied have been formulated in the dissertation. The separate problem questions related to the right to life are explored: artificial fertilization, cloning, abortion and euthanasia. A conclusion was done, that the artificial fertilization and abortion do not violate a right to life, because the indicated law norm about right to life does not spread on human embryo. In an international law there is no single approach to the decision of the problems related to the clone and euthanasia. Within the framework of UN the decision of question about the clone of man was carried on 2005 year.

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