Aspects of development of the right to life

Abstract

Keywords Development, enforcement, right to life, issues, doctrine of positive obligations

The content of this term paper revolves around these five key words. First of all, this term paper deals with development and enforcement as it examines the development of the right to life through various local and international instruments (starting from the Cyrus Cylinder (539 BC) up to the European Convention on Human Right's protocols no 6 and 13) whilst also examining the development of their enforcibility. In this regard, one must note that there is still no enforcibility, provided for rights contained in Chapter II of the Maltese Constitution as stated by Prof. Raymond Mangion's article, entitled "Constitution and Green Rights". This research also deals with the right to life (logically), issues (with regards to the right to life) and the doctrine of positive obligations. The issues to the right to life which are examined in this research are abortion, euthanasia and the death penalty. With regards to abortion, this research found out the father has a very limited say with regards to abortion. Also with regards to euthanasia, this research will analyse how the court is nowadays allowing certain forms of euthanasia. Moreover, this research will also examine how the death penalty was abolished, both locally and internationally. Finally this research will analyse whether the doctrine of positive obligations imposes obligations with regards to abortion, euthanasia and the death penalty. It will tend to argue that the doctrine of positive obligations does not really deal with abortion and euthanasia as it leaves such a role in the hands of the states. Finally, the doctrine of positive obligations imposes positive obligations, with regards to the death penalty, however not through the right to life but through the right against torture and inhuman treatment.