Provocări etice în protecția europeană a drepturilor omului

Conceptele de „viață” și de „persoană”, în: jurisprudența CEDO și dezbaterea bioetică

Abstract

The main purpose of this study is to emphasize one of the most important human right, namely the right to life of the unborn human being. I will analyse a number of decisions of the European Court of Human Rights and their provisions in comparison with Christian morality. Through this study I will highlight how the concepts of ”life” and ”person” are defined in the legal and theological debate. It can be noticed certain hesitations in the legal texts for a definition of the unborn human being as a person or individual with full rights. The ethical challenge that this study points out is precisely the recognition of the human being as a person from the moment of conception and the respect of his right to life. The analyse will also try to observe how important the cultural-philosophical or moral-religious background of a community is in taking bioethical decisions.