The Right to Life and the Right to Die--Legal and Ethical Considerations Based on the Jurisprudence of the European Court of Human Rights Cover Image

The Right to Life and the Right to Die--Legal and Ethical Considerations Based on the Jurisprudence of the European Court of Human Rights
The Right to Life and the Right to Die--Legal and Ethical Considerations Based on the Jurisprudence of the European Court of Human Rights

Author(s): Kamila Morawiec
Subject(s): Human Rights and Humanitarian Law, Ethics / Practical Philosophy, Philosophy of Law
Published by: Uniwersytet im. Adama Mickiewicza w Poznaniu
Keywords: euthanasia; assisted suicide; ECtHR case-law; the right to death;

Summary/Abstract: The right to die is a strongly debated issue in both law and ethics. While the European Convention on Human Rights does not explicitly guarantee it, the European Court of Human Rights (ECtHR) examines it in the context of the right to life, the prohibition of torture, and the right to privacy. This paper analyses the ECtHR case-law on euthanasia, assisted suicide, and the withdrawal of life-sustaining treatment, presenting arguments from both applicants and the ECtHR. It also explores the state's role in protecting life and the absence of a clear obligation to guarantee the right to die. Special attention is given to access to legal procedures for euthanasia requests and medications for assisted suicide, as well as the resulting positive obligations of the state.

  • Issue Year: 2025
  • Issue No: 15
  • Page Range: 57-69
  • Page Count: 13
  • Language: English
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