The right to life in the situations of violence inside the state, which do not achieve the level of armed conflict Cover Image

Право на життя в умовах ситуацій насильства всередині держави, що не досягають рівня збройного конфлікту
The right to life in the situations of violence inside the state, which do not achieve the level of armed conflict

Author(s): Y. Usmanov
Subject(s): Law, Constitution, Jurisprudence
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: right to life; right to life in situations of internal disturbances and tensions; restriction of the right to life; limitation of the right to life; internal disturbances and tensions

Summary/Abstract: The article is devoted to the topical theme of the definition of the limits of the protection of the right to life during situations of internal disturbances and tensions. The article explores the conditions and situations, their peculiarities, when, despite the presence of international and regional protection, the right to life of a person can be deprived lawfully, which speaks of the relative nature of such a right. Confirmation of this we can see on the example of recent events of 2013­2014 in Ukraine on Maidan Nezalezhnosti, where peaceful protest rallies transformed in armed confrontations between demonstrators and law enforcement agencies. Such confrontations are necessarily accompanied by acts of rebellion, armed violent demonstrations committed by groups or an uncontrolled crowd of people fighting state power, which causes the death of many citizens. The presence of simultaneous international defense of the right to life and the possibility of its restriction in conditions of situations like this (internal disturbances and tensions) makes important this scientific research for the sake of protection of such a right as the highest social value.

  • Issue Year: 2017
  • Issue No: 138
  • Page Range: 210-221
  • Page Count: 12
  • Language: Ukrainian