Right to life
Encyclopedia
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
to live, particularly that a human being has the right not to be kill
KILL
KILL is the sixth album by Detroit rock band Electric Six.In initial press releases, the band described the album as being a return to a sound more akin to their debut album, but this was later revealed by front-man Dick Valentine to be more gimmick than truth.An explicit video was released for...
ed by another human being. The concept
Concept
The word concept is used in ordinary language as well as in almost all academic disciplines. Particularly in philosophy, psychology and cognitive sciences the term is much used and much discussed. WordNet defines concept: "conception, construct ". However, the meaning of the term concept is much...
of a right to life is central to debates on the issues of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
, euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
, self defense
Self-defense (theory)
The right of self-defense is the right for civilians acting on their own behalf to engage in violence for the sake of defending one's own life or the lives of others, including the use of deadly force.- Theory :The...
and war
Just War
Just war theory is a doctrine of military ethics of Roman philosophical and Catholic origin, studied by moral theologians, ethicists and international policy makers, which holds that a conflict ought to meet philosophical, religious or political criteria.-Origins:The concept of justification for...
.
Juridical rhetoric
- In 1776, the United States Declaration of Independence declared that all men are endowed with certain inalienable rights, and that "among these are life, liberty, and the pursuit of happiness".
- In 1948, the Universal Declaration of Human RightsUniversal Declaration of Human RightsThe Universal Declaration of Human Rights is a declaration adopted by the United Nations General Assembly . The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled...
, adopted by the United Nations General AssemblyUnited Nations General AssemblyFor two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
declared in article three:
- In 1950, the European Convention on Human RightsEuropean Convention on Human RightsThe Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
was adopted by the Council of EuropeCouncil of EuropeThe Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, declaring a protected human right to life in Article 2. There are exceptions for lawful executions and self-defense, arresting a fleeing suspect, and suppressing riots and insurrections. Since then Protocol 6 of the Convention has called for nations to outlaw capital punishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
except in time of war or national emergency, and at present this pertains in all countries of the Council. Protocol 13 provides for the total abolition of capital punishment, and has been implemented in most member countries of the Council. - In 1966, the International Covenant on Civil and Political RightsInternational Covenant on Civil and Political RightsThe International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
was adopted by the United Nations General AssemblyUnited Nations General AssemblyFor two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
.
- In 1982, the Canadian Charter of Rights and FreedomsCanadian Charter of Rights and FreedomsThe Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
enshrined that
- In 1989, the United Nations General Assembly adopted the Convention on the Rights of the ChildConvention on the Rights of the ChildThe United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
(CRC). - The Basic Law for the Federal Republic of GermanyBasic Law for the Federal Republic of GermanyThe Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
holds the principle of human dignity paramount, even above the right to life. - The Catholic Church has issued a Charter of the Rights of the Family in which it states that the right to life is directly implied by human dignity.
Abortion debate rhetoric
The term "right to life" is a rhetorical device used in the abortion debateAbortion debate
The abortion debate refers to discussion and controversy surrounding the moral and legal status of abortion. The two main groups involved in the abortion debate are the self-described "pro-choice" movement and the "pro-life" movement...
by pro-life proponents. Pro-life
Pro-life
Opposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
advocates argue that prenatal humans are human persons
Beginning of human personhood
The beginning of human personhood is the period in an individual's life when he or she is recognized, or begins to be recognized, as a person. The precise timing and nature of this occurrence is not universally agreed upon, and has been the subject of discussion and debate in science, religion and...
and have the same fundamental "right to life" as humans have after birth. Generally speaking, those identifying themselves as "right-to-life" believe abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
is impermissible.
The term "right to choice" is a rhetorical device used in the abortion debate by abortion-rights proponents. Abortion rights advocates argue that prenatal humans are not human persons
Beginning of human personhood
The beginning of human personhood is the period in an individual's life when he or she is recognized, or begins to be recognized, as a person. The precise timing and nature of this occurrence is not universally agreed upon, and has been the subject of discussion and debate in science, religion and...
and do not have the same fundamental "right to life" as humans after birth. The distinction is that a human
Human
Humans are the only living species in the Homo genus...
becomes a person
Beginning of human personhood
The beginning of human personhood is the period in an individual's life when he or she is recognized, or begins to be recognized, as a person. The precise timing and nature of this occurrence is not universally agreed upon, and has been the subject of discussion and debate in science, religion and...
and is given rights after birth. Generally speaking, those identifying themselves as "right-to-choice" are advocates for legal elective abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. At the same time, some advocates for legalized abortion state that they simply do not know for sure where in pregnancy life begins; then-Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
took this view in the 2008 election. Other advocates have stated that they hold personal views against abortion but do not support putting those beliefs into law; then-Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Joe Biden
Joe Biden
Joseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
took this view in the 2008 election.
Ethics and right to life
Many utilitarianUtilitarianism
Utilitarianism is an ethical theory holding that the proper course of action is the one that maximizes the overall "happiness", by whatever means necessary. It is thus a form of consequentialism, meaning that the moral worth of an action is determined only by its resulting outcome, and that one can...
ethicists argue that the "right to life," where it exists, depends on conditions other than membership of the human species. The philosopher Peter Singer
Peter Singer
Peter Albert David Singer is an Australian philosopher who is the Ira W. DeCamp Professor of Bioethics at Princeton University and Laureate Professor at the Centre for Applied Philosophy and Public Ethics at the University of Melbourne...
is a notable proponent of this argument. For Singer, the right to life is grounded in the ability to plan and anticipate one's future. This extends the concept to non-human animals, such as other ape
Ape
Apes are Old World anthropoid mammals, more specifically a clade of tailless catarrhine primates, belonging to the biological superfamily Hominoidea. The apes are native to Africa and South-east Asia, although in relatively recent times humans have spread all over the world...
s, but since the unborn, infants and severely disabled people lack this, he states that abortion, painless infanticide and euthanasia can be "justified" (but are not obligatory) in certain special circumstances, for instance in the case of severely disabled infants whose life would cause suffering both to themselves and to their parents.
See also
- Culture of lifeCulture of lifeThe phrase "culture of life" is a term used in discussion of moral theology, especially of the Catholic Church. Its proponents describe it as a way of life based upon the theological truth that human life at all stages from conception through natural death is sacred...
- Reproductive rightsReproductive rightsReproductive rights are legal rights and freedoms relating to reproduction and reproductive health. The World Health Organization defines reproductive rights as follows:...
- Declaration of the Rights of Man and of the CitizenDeclaration of the Rights of Man and of the CitizenThe Declaration of the Rights of Man and of the Citizen is a fundamental document of the French Revolution, defining the individual and collective rights of all the estates of the realm as universal. Influenced by the doctrine of "natural right", the rights of man are held to be universal: valid...
- Pro-lifePro-lifeOpposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
- Right to dieRight to dieThe right to die is the ethical or institutional entitlement of the individual to commit suicide or to undergo voluntary euthanasia. Possession of this right is often understood to mean that a person with a terminal illness should be allowed to commit suicide or assisted suicide or to decline...
- Sanctity of life
- Terri SchiavoTerri SchiavoThe Terri Schiavo case was a legal battle in the United States between the legal guardians and the parents of Teresa Marie "Terri" Schiavo that lasted from 1998 to 2005...
- National Right to Life CommitteeNational Right to Life CommitteeThe National Right to Life Committee is the oldest and largest pro-life organization in the United States with affiliates in all 50 states and over 3,000 local chapters nationwide. The group works through legislation and education to work against abortion, infanticide, euthanasia and assisted...
- Consistent life ethicConsistent Life EthicThe consistent life ethic, or the consistent ethic of life, was a term coined in 1983 by Joseph Cardinal Bernardin to express an ethical, religious, and political ideology based on the premise that all human life was sacred and should be protected by law. The ideology opposes legal abortion,...
or seamless garment - Abortion lawAbortion lawAbortion law is legislation and common law which pertains to the provision of abortion. Abortion has been a controversial subject in many societies through history because of the moral, ethical, practical, and political power issues that surround it. It has been banned frequently and otherwise...