The Human Right to Life from the Moment of Conception in the Context of Law and Morality

Abstract

The global problem of fundamental human right to life in the field of human rights from its conception from the legal point of view and in the context of biological facts and morality was studied in this work. The legal question of unborn children (usually within civil law), and of their right to life (by international law) remains in general controversial in the modern legal doctrine. It was determined that the right to life is the basic and primary fundamental human right, so the «right» to abortion cannot be justified with both international law and with ethical and religious aspects. Just as unacceptable is to discriminate against people on the degree of their identity, since identity formation continues throughout life. Therefore, abortion is similar to murder of an unborn child. Unfortunately, the legal status of a human at the period of its prenatal development is still unresolved. This question continues to generate the problems related to deprivation of an unborn child’s life. The life of an unborn child should be protected the same as the life of a born child according to international law and moral. None of scientific progress of the latest achievements in modern medicine can be opposed to the value of human life at whatever stage of development it may be (from conception to its biological death). Securing the right to life in international documents confirms this natural right and applies to a human, regardless of whether it is recognized by state at the national level. The international documents such as the Geneva Declaration (WMA, 1948), the Universal Declaration of Human Rights (UN, 1948), the Declaration of the Rights of the Child (UN, 1959), Universal Declaration on bioethics and human rights (UNESCO, 2005), The San José Articles (2011) were analyzed.