The right to life: conformity of constitution practices of Ukraine to the European standards
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2019, Vol 1, Issue 1
Abstract
The article examines the constitutional practice of normative regulation of the right to life, enshrined in Art. 27 of the Constitution of Ukraine and in similar norms of constitutions of states of continental Europe. The necessity of making amendments to this article of the Basic Law of Ukraine is substantiated. The right to life occupies an important place in the system of human rights, which is enshrined in Art. 27 of the Constitution of Ukraine. Human life is a unique natural phenomenon, and the right to life ensures the natural existence of a person as an individual and does not act separately, but in conjunction with other rights and freedoms, since other rights lose all meaning and significance in the event of the death of a person. It is human life that is the most important basic social good, inseparable from the individual, which is protected by the right to life as the material form of human existence. In addition, the life of every person is a blessing not only for it, it is one of the highest social values for Ukrainian society, as emphasized in Art. 3 of the Constitution of Ukraine, and is the best indicator of its cultural and spiritual development. Given that human life is the most important value of the world civilization, the vast majority of states of continental Europe in the texts of their constitutions proclaimed the human right to life. At the same time, a comprehensive study of the relevant norms of the constitutions of European states suggests a certain diversity of the wording of this right. So, in the constitutions of Azerbaijan, Albania, Belarus, Bulgaria, Armenia, Georgia, Estonia, Lithuania, Macedonia, Poland, Portugal, Serbia, Slovakia, Slovenia, Croatia, the Czech Republic and Montenegro, the law is enshrined in a separate norm. And in the constitutions of Andorra, Spain, Moldova, Germany, Romania, Turkey, Finland, Switzerland, the investigated right is enshrined along with other human and civil rights. Based on the logical and legal analysis of the investigated norm and in order to eliminate the con-tradictions between the provisions of international legal acts on human rights and national legislation, as well as taking into account the experience of European states, we offer art. 27 of the Constitution of Ukraine to lay down in the light of European experience in regulating the right to housing.
Authors and Affiliations
Yu. V. Kirichenko, M. V. Kichtenko
Keywords
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- EP ID EP583638
- DOI 10.31733/2078-3566-2019-1-26-29
- Views 114
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