The Value of Human Life a Divine Right in the Judicial European Space Pros and Cons of Euthanasia

• Main Authors: Ana Alina Ionescu Dumitrache, Nelu Gheorghiță
• Format: Article
• Language: English
• Published: Danubius University 2020-06-01
• Series: EIRP Proceedings
• Subjects: human life; euthanasia; european court of human rights; palliative care
• Online Access: https://dp.univ-danubius.ro/index.php/EIRP/article/view/48/47

Respect fullness for every person’s right to life and human dignity can be found in most of the great religions and ideologies throughout the world. The right to life is a fundamental human right, for it is a divine gift, which, by its importance, surpasses the sphere of personal interest, making it relevant for the whole society. Euthanasia or the recognition of the right to death is considered a very delicate subject, with many pros and cons opinions and which requires an approach on multiple directions: religious, medical, social and judicial. Therefore, in this article I will try to show that life is of utmost importance to humans and also why christianism saw death as a normality, like a part of life, that death represents a moment and not a final stage. Moreover, we will assess the position of a European legislator regarding the right to die, knowing that the Romanian legislator is in the position of absolute rejection towards euthanasia practices, and the new Criminal Code – Law nr. 287/2009 stipulates the act of murder upon the victim’s request as a lesser form of murder, so resubmitting the tradition existing in our national law, this conduct being criminalized by prior art. nr. 468 of the 1936 Criminal Code.