The duty to protect life, and especially that of the most weakened, against to a non-existing right to take one’s own life by oneself or by others

Authors

  • José Luis Martínez López-Muñiz Universidad de Valladolid

DOI:

https://doi.org/10.18042/cepc/redc.122.02

Abstract

European Court of Human Rights, interpreting the rights to personal autonomy and life, has only found a basis in the first without injuring the second in the voluntary and free option for therapeutic abstention or against artificial life support, under certain conditions. In a ruling of February 26, 2020, the German Constitutional Court has misrepresented this European jurisprudential doctrine, which in Spain has a quasi-constitutional value and is convergent with case-law so far emanated from its Constitutional Court. A such similar doctrine derives from the Supreme Court of United States of America. Three main considerations back this doctrine: the freedom that is proper to the dignity of every human person does not include eliminating it, no one can kill another except for proportionate legitimate defense, and there is a social and State duty to protect any life.

Published

2021-08-16

Issue

Section

STUDIES