Everything about Right To Life totally explained
Right to life is a phrase that describes the belief that a
human being has an essential
right to live, particularly that a human being has the right not to be
killed by another human being. The
concept of a right to life is central to debates on the issues of
capital punishment,
euthanasia,
self defense,
abortion and
war. The right to life is enshrined in article 3 of the
United Nations' Universal Declaration of Human Rights and in article 6 of the International Covenant on Civil and Political Rights, making it a legally enforceable right in every United Nations member state:
Pro-life advocates who support this concept define
embryos and
fetuses as human beings which have a right to life, and oppose
embryonic stem cell research and
abortion.
Contrary to prevailing norms, the
Basic Law for the Federal Republic of Germany holds the principle of
human dignity paramount, even above the right to life.
Juridical views
In 1776, the
United States Declaration of Independence declared that "life" is one of the
unalienable rights, implying that all persons have the right to live and/or exist. The Declaration of Independence continues that a government has the obligation to secure the unalienable rights of its people. When a government no longer respects this fundamental reason for its existence, it's the "right" and "duty" of the people to overthrow it.
In 1948, the
Universal Declaration of Human Rights, adopted by the
United Nations General Assembly declared in article three, "Everyone has the right to life, liberty and
security of person."
In 1950, the
European Convention on Human Rights was adopted by the
Council of Europe, declaring a protected human right to life in Article 2. There are exceptions for lawful executions and self defence, arresting a fleeing suspect, and suppressing riots and insurrections. Since then Protocol 6 of the Convention has called for nations to outlaw
capital punishment except in time of war or national emergency, and at present this pertains in all countries of the Council except
Russia. Protocol 13 provides for the total abolition of capital punishment, and has been implemented in most member countries of the Council.
In 1989, the United Nations General Assembly adopted the
Convention on the Rights of the Child (CRC), stating that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth....States Parties recognize that every child has the inherent right to life." The only two non-parties to this Convention are the
United States and
Somalia. While Madeleine Albright, at the time the U.S. Ambassador to the United Nations, signed the Convention in 1995, it wasn't ratified by the Senate. President Bill Clinton chose to submit the Convention to the Senate for ratification by a two-thirds majority; nevertheless, this never happened. In September of 2001, the U.S. presented a document to the U.N. that stated in part:
"The Convention on the Rights of the Child may be a positive tool for promoting child welfare for those countries that have adopted it. But we believe the text goes too far when it asserts entitlements based on economic, social and cultural rights. ... The human rights-based approach ... poses significant problems as used in this text."
(External Link
) Despite not having been ratified by the United States, the CRC was used in 2005 by the
United States Supreme Court to help justify banning the juvenile death penalty, in the case of
Roper v. Simmons.
Politics
The controversies around right to life consistently energize voters with many being single issue voters. Around abortion issues, it also plays a large role in powerful appointed positions, especially judicial appointments in the United States with the charge from both sides of it being a "litmus test".
Opposing view points
Many
utilitarian ethicists argue that the right to life, where it exists, depends on conditions other than membership of the
human species. The philosopher
Peter Singer is a notable proponent of this argument. For Singer, the right to life is grounded in the ability to plan and anticipate one's future. This extends the concept to animals, such as
apes, but since the unborn, infants and severely disabled people lack this, he states that abortion, painless infanticide and euthanasia can be "justified" (but are not obligatory) in certain special circumstances, for instance in the case of severely disabled infants whose life would cause suffering both to themselves and to their parents.
Another argument against the "right to life" states that abortion isn't a form of murder, hence "
pro-choicers" are no less "pro-life" than "pro-lifers." These pro-choicers typically don't advocate Singer's more radical beliefs, including zoophilia, as they find these beliefs distinct from the more common concept of the right of a woman to choose abortion. Some would also state that capital punishment and war are necessary tools to protect society and civilization as a whole, and are thus morally acceptable.
Test cases
Among recent significant test cases were
Terri Schiavo (
United States) and a case involving an infant born very prematurely in the
United Kingdom. These both involved decisions to remove life support from patients which were challenged in the courts.
Further Information
Get more info on 'Right To Life'.
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