IMPLICATIONS OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY TO THE RIGHT TO LIFE Cover Image

IMPLICATIONS OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY TO THE RIGHT TO LIFE
IMPLICATIONS OF THE PRINCIPLES OF SUBSIDIARITY AND PROPORTIONALITY TO THE RIGHT TO LIFE

Author(s): Olga Andreea Urda, Cezara Stefana Batrânu-Ciuca
Subject(s): Law, Constitution, Jurisprudence
Published by: Cugetarea
Keywords: the right to life; subsidiarity; proportionality; human rights

Summary/Abstract: The right to life is an inherent right of every human being and it is a prerequisite for ensuring all other rights throughout the architecture of protecting the human rights. The defence of human life by any means, including through criminal law, is one of the main duties of any state. International conventions and practice have thus established the general rules on the protection of the right to life and they have developed some issues that have won the attention of international states and community, as a result of progress. Despite the undeniable value of the right to life, this remains uncertain because, although the international texts state the right to life, they do not define “life”. In this paper, we will try thus to assess the role of the principles of subsidiarity and proportionality within the subject of the right to life, in terms of conceptual boundaries of this right.

  • Issue Year: 21/2012
  • Issue No: 1
  • Page Range: 279-289
  • Page Count: 11
  • Language: English