| Summary: | 碩士 === 逢甲大學 === 公共政策所 === 92 === Abstract
Living right is the born right and freedom that the mankind require to maintain the humanly dignity, while the government is merely a vehicle to protect the living right. Although the death sentence exists based on the concept of protecting lives of the majority, it is also to “deprive” a life if the individual is “killed” in the name of “government”. We shall never forget what a life is deserved to possess. People pay lesser attention on the process of the death prisoner to be “sentenced to death” through to the “execution”, yet the death prisoner suffers such a long, painful and panicky process. Initially, the prisoner wishes his life sustaining (right to be pardoned), then wish to marry the beloved one (marriage right), and to have children (birth right), and then to die happily and without fear (choice of the execution method). After then, he wholeheartedly hopes to donate his organs to other people (consent to donate his organs). All “wishes and hopes” appear in the process from the “death sentence” to “the completion of execution” that is the human right of the death prisoner. Focusing on the human right of death prisoner, only few people will notice such issue. However, the “tininess” may move people even though the death prisoner deserves the compassion and mercy, not mention to those underprivileged people. The study is to explore the meaning of human right, its legal basis, the laws and rules of Republic of China (R.O.C.), and the criteria for international human right. It is expected that Taiwan will attain its objective on protection of human right of the death prisoner by amending laws and rules, developing the systems, generalizing the education of human rights, and establishing the institutes of human right protection, thereby inspiring the society to respect life in people’s “mind”.
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