The moment of occurrence of human life: an analytical and legal view
Journal Title: Альманах права - Year 2018, Vol 9, Issue 9
Abstract
In The article are considered problems which are related to controversy concerning the controversy about the moment of occurrence of human life and issues that are derivatives. In essence, the moment of the emergence of the right to life is enshrined in all states in different terms of fetal or early development of man. The views on determining the right to life from the medical, moral, religious, and legal point of view were analyzed and characterized. Particular attention is also paid to the issue of abortion and the attitude of religion to them, the lack of definition of the concept of «man» in modern Ukrainian legislation. The right to life refers to fundamental non-property rights. It is an integral part and is provided by almost all existing international legal acts and constitutions of the states. The problem of determining the moment from which human life arises, the problem of its inviolability and legal protection, and therefore its legal boundaries, becomes of particular urgency today. In general, a comprehensive study of this topic is very important because the determination of the legal status of abortions, therapeutic cloning, the embryo and its use for medical research will depend on its results. Also selected for research, the problem directly touches ideological, ideological aspects of not only legal life, but also the life of society as a whole. Considering the concept of human life, its features, intrauterine in particular, we can assume that the moment of its occurrence is the time when the heartbeat appears and the nervous system develops. For at that moment the subject begins to feel pain and fear and, in our opinion, from this moment abortions can be considered torture and murder. And, because, this is the life of a person, which is, according to Art. 3 of the Constitution of Ukraine, the highest social value, then, accordingly, it needs protection from the state from the moment its occurrence is de facto, that is, in the womb. The question of the mechanism of guaranteeing and protecting human life from the moment of conception is not the subject of our study within the scope of this article, but in the future we will be in the field of our scientific research.
Authors and Affiliations
Iryna Ivaniv
Keywords
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