FORMATION AND DEVELOPMENT OF CONCEPTUAL FOUNDATIONS OF HUMAN RIGHT FOR LIFE IN THE HISTORY OF WORLD POLITICAL AND LEGAL DOCTRINE
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 5, Issue
Abstract
The article deals with the formation and development of the conceptual foundations of human rights for life in the history of world political and legal doctrine. It was investigated that human rights are a complex multidimensional phenomenon. The issue of human rights, particularly human rights to life, while being invariably political and legal one, gained religious and philosophical features in various epochs. The author reveals the peculiarities of the views on the given situation, which changed dramatically in the second half of the twentieth century, when scientists began to pay attention to the legal mechanisms of life protection as well as to the moment of its occurrence and the withdrawing means. The consideration of the issues of life as a legal category, as well as human rights to life, was limited to the factors of legal (death penalty, blood revenge etc.) or illegal nature (intentional or unintentional murder etc.) in the course of the development of political and legal study. The researchers were interested not only in the human right life, but, above all, in the forms and means of deprivation of life, though the situation began to change gradually. The Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by the member states of the Council of Europe on November 04, 1950, and the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on December 16, 1966 can be considered one of the first international legal instruments which declared the right to life as an independent right. Thus, the protection of the human right to life has come to a qualitatively new level since the second half of the twentieth century. But it is a matter of the development of modern law, which has accumulated the knowledge of the millennial history of the formation of the idea of human life value.
Authors and Affiliations
Я. П. , Кузьменко
Keywords
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