Modern approaches to the interpretation certain human rights
Journal Title: Юридические науки и образование - Year 2019, Vol 60, Issue 60
Abstract
It is devoted to the consideration of the practice of the European Court of Human Rights, which forms a new interpretation of some traditional human rights, or which gives a new content to already known legal categories. For this purpose, the author analyzed several decisions by the European Court of Human Rights on the rights of interest to the author, as well as the right to life in the context of euthanasia and the marriage right. When using such methods of scientific knowledge as the method of analysis and interpretation of the legal norms, it was possible to identify some of the innovations that the European Court of Human Rights brings to the content of these rights. It is pointed out that the international human rights treaties, both universal and regional, do not contain the specific content of the “right to life”, only proclaiming it, but not disclosing its content, which has recently led to a broad interpretation of this right in an attempt to legalize euthanasia as a component of the right to life. The similar gaps exist in the interpretation of the marriage right, since it is only indicated that both men and women who have reached the formal requirements of the national law are entitled to form a family and enter into marriage. The lack of a clear indication of the sex of the parties leads to numerous complaints to the European Court of Human Rights about the violation of this right in respect of same-sex unions. It is safe to assume that the European Court of Human Rights will soon adopt a Resolution obliging the respondent state to regulate the legal procedures for the exercise of the right to life in the context of euthanasia in relation to such categories as personal dignity and quality of life. Not recognizing euthanasia as a component of the right to life, the Court, however, is actively arguing about the interference with privacy and the violation of the dignity of a terminally ill person with significant physical limitations in the prohibition of euthanasia. This assumption is acceptable due to the fact that initially complaints from same-sex unions were considered as unacceptable, and now this type of cohabitation is recognized as a family life and has required the legal regulation since 2015.
Authors and Affiliations
Tatyana Goverdovskaya
Keywords
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- EP ID EP649443
- DOI 10.25108/2304-1730-1749.iolr.2019.60.107-132
- Views 66
- Downloads 0
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