Ostrovska B. International legal regulation of the human right to life in the context of bioethics.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0521U100899

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

16-04-2021

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The doctoral dissertation written as a monograph is the first comprehensive study on the protection of the fundamental human right to life in international law in the context of bioethics. The evolutionary development of bioethical doctrine in international law is revealed: from the formation of the concept of the right to life as a component of international human rights law within the framework of the UN to the adoption of international treaties on bioethical aspects of the right to life arising from the development of innovative biomedical technologies, as well as international mechanisms for its provision. International legal issues related to the development of scientific and technological progress in biology and medicine, in particular the use of innovative biomedical technologies for human cloning; cryopreservation of human cells, tissues, organs and embryos; obtaining human embryonic stem cells; genetic diagnosis; genetic engineering; abortion and assisted reproductive technologies; euthanasia; use of human anatomical materials (organs, tissues, cells and blood) for research purposes, donation and transplantation during life and after death, etc, are explored. Threats and challenges to human life in the process of applying these technologies, are defined. The influence of the institutional systems of the United Nations, the Council of Europe and the European Union on the formation of international biolaw based on the generalization and systematization of acts of these international organizations, as well as the case-law of the European Court of Human Rights on the right to life in the context of bioethics, are researched. Ways of achieving international consensus to solve these problems on the basis of international law and further prevent violations of the human right to life, taking into account the development of innovative advances in biomedicine, are suggested. The importance of protection of human life at the level of universal international law on the basis of the specified bioethical concept is emphasized. Attention to the need for unification of international legal regulation of bioethical issues in the field of human rights, which is currently open to the international community, is attracted. The necessity of establishing and approving general international ethical standards in international law as a long-term strategy of the international community to protect human life and dignity is proved, in connection with the diversity of legal, cultural, religious traditions and differences in national legislation. The role of Christian values as determining factors of European legal culture in the protection of human life and dignity in the light of the development of bioethics, as well as their impact on the formation and development of the human right to life in international law, are highlighted. The monograph is an interdisciplinary study designed for scientists in various fields of knowledge, especially lawyers, physicians, philosophers and other professionals, lectures, students and anyone interested in human life protection in the context of scientific and technological progress.

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