It is evident that life is the beginning of human biological existence. From birth, from the first moment of existence, we have the freedom to live. With the advent of the modern concept of human rights, this freedom is guaranteed to every individual. Our state has also taken on such obligations. Article 27 of the Constitution of Ukraine states: “Every person has an inalienable right to life. No one can be arbitrarily deprived of life. It is the duty of the state to protect the life of individuals…”Ukraine has ratified several United Nations treaties, which include the right to life as one of their protected subjects, as well as the European Convention, the second article of which obliges states to respect this right. But what does this duty of the state mean—to respect the right to life? At what moment does human life begin? And perhaps this doesn’t imply immortality guarantees? In what way can the state guarantee this right, other than not depriving life? Where does this duty of the state begin and end?Interpreting the basic meaning of Article 2, which guarantees the right to life, the European Court of Human Rights emphasizes the fundamental nature of this right and establishes the supremacy of Article 2. Without the right to life, as stated in the decision “Pretty v. The United Kingdom,” “…the exercise of any of the rights and freedoms guaranteed by the Convention would be illusory.”The right to life cannot be abolished even during emergencies and extraordinary circumstances: “this [right to life. – Ed.] is one of the fundamental provisions of the Convention, which in peacetime does not allow derogation, possible under Article 15…”However, the right to life is not absolute. The European Convention, in particular, sets out an exhaustive list of circumstances under which this right may be lawfully restricted. Article 2 of the Convention allows for instances of deprivation of life, but only in cases of “absolutely necessary” use of force. The exhaustive list of circumstances is set out in paragraph 2 of Article 2 of the European Convention:a) to defend any person from unlawful violence;b) to effect a lawful arrest or to prevent the escape of a person lawfully detained;c) in action lawfully taken for the purpose of quelling a riot or insurrection.It is worth noting that Article 2 of the Convention allows for the implementation of the death penalty if it is imposed by a court for a crime for which the law provides such punishment. Thus, as noted by the scholar Michele de Salvio, this provision “bears the trace of the time when it was conceived and written.” Subsequently, Protocol No. 6 to the Convention was adopted, which prohibited the death penalty in peacetime, and later, by Protocol No. 13, the death penalty was abolished. Currently, no circumstances can justify such a punishment, and its application is a direct violation of the right to life under the European Convention.Therefore, the right to life entails two main obligations on the part of the state and its official representatives. The first, so-called “negative” obligation. The state or its official representatives must refrain from any actions that could result in the deprivation of life, except for established restrictions. The second is the “positive” duties – the state must protect the lives of individuals under its jurisdiction.You can learn more about the right to life at this link.Share stories about human rights and get to know the stories others are sending in our community! This way, we can promote human rights and create a society that respects human dignity and values freedom and equality.Send your stories here … We will post them on our portal …Read, listen, watch other stories here ..

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