The Right to Life Study Notes

The Right to Life

Introduction

  • The right to life is characterized as the supreme or most fundamental of all human rights, as observed by Nowak.

    • This right is the bedrock for all other rights, as without its protection, all other rights lack meaning.

  • Protection of the right to life is enshrined in various international legal provisions, including the Irish Constitution.

  • The constitutional provision and the ban on abortion in Ireland have sparked extensive legal and academic discussions in both Ireland and the European Court of Human Rights (ECtHR).

  • The chapter will explore:

    • The protection of the right to life under the Irish Constitution.

    • Analysis of the right to life under the European Convention on Human Rights (ECHR).

    • Examination of the right to life under the Charter of Fundamental Rights (CFR).

    • Study of international and regional human rights frameworks.

A. Irish Constitution

Article 40.3

  • Clause 1: The State guarantees the respect and protection of citizens’ personal rights.

  • Clause 2:

    • The State is mandated to protect the life, good name, and property rights of every citizen against unjust attacks and to vindicate them when necessary.

  • Clause 3:

    • The State acknowledges the right to life of the unborn, balancing it against the mother's right to life, and commits to defending these rights as practicable.

    • The provision also safeguards the freedom to travel and seek information regarding services available in other states.

1. Nature of the Right

  • The multifaceted nature of the right to life emphasizes:

    • The fundamental right to be born.

    • The right to defend and preserve one’s life and ensure this preservation at a dignified standard, covering basic needs like food, clothing, and shelter.

When does Life Begin?

  • Article 40.3 references the right to life but does not specify when life begins.

  • The issue arose in the case of Roche v Roche, which debated the status of frozen embryos from in vitro fertilization (IVF) concerning the definition of 'unborn.'.

    • The High Court ruled that 'unborn' did not include embryos in vitro, asserting that protection begins post-implantation.

  • This ruling necessitates legislative action to clarify the legal status of assisted reproduction and embryonic research in Ireland.

The Right to Die a Natural Death

  • The Irish courts have inferred a right to die naturally from constitutional provisions.

    • In Re a Ward of Court (No 2), the court validated a woman’s right to refuse artificial sustenance, allowing natural death without accelerating death or quality alteration.

  • The implications of this case denote a significant ethical viewpoint regarding autonomy and dignity at the end of life.

Euthanasia and Assisted Suicide

  • Irish law does not endorse euthanasia or assisted suicide, despite existing legislation that criminalizes assistance in suicide (Criminal Law (Suicide) Act 1993).

  • The ongoing discourse includes the experiences from UK law regarding assisted suicide, particularly the case of Purdy, which highlighted the disconnect in clarity concerning prosecution policies.

2. Legitimate Justifications for Interference with the Right

  • The Supreme Court ruled in Re a Ward of Court that while the State's interest in preserving life is paramount, this is not absolute.

    • An individual's autonomy and self-determination may factor into decisions regarding life preservation.

B. ECHR

Article 2 - Right to Life

  • Provisions under Article 2 assert:

    • Every individual’s right to life must be protected by law.

    • Intentional deprivation of life is only permissible under circumstances specified in lawful execution.

1. Nature of the Right

  • As one of the core tenets of human rights, Article 2 sets forth the necessary conditions under which deprivation of life may be justified.

    • This has been repeatedly underscored through jurisprudence, starting with McCann v United Kingdom.

Key Aspects of Obligations:

  • The obligation to safeguard life encompasses:

    • Prohibiting unlawful killing by state agents.

    • The duty to investigate suspicious deaths thoroughly.

    • Positive obligations to prevent loss of life in certain contexts.

2. Intentional Killing by the State

  • The events surrounding McCann v United Kingdom highlight the criteria determining lawful state actions during intervention, illustrating the balance of necessity and proportionality.

    • Contrasted against cases where lethal force was deemed excessive, such as Ramsahai v The Netherlands and Makaratzis v Greece.

3. The Duty to Investigate Deaths

  • The case of Kaya v Turkey established that effective investigation into deaths must be independent and adequate to build public confidence in the state’s use of force and accountability mechanisms.

Euthanasia and Assisted Suicide in the Context of Article 2

  • The ECtHR's rulings signify that there currently exists no right to assisted suicide, nor is this recognized as protected under Article 2.

C. CFR

Article 2

  • The CFR echoes the core tenets of the right to life as established in the ECHR.

    • The prohibition of the death penalty is backed by developments in Protocols 6 and 13.

D. International and Regional Laws

  • The right to life is widely safeguarded across numerous international instruments.

    • Foundational documents include the Universal Declaration on Human Rights and ICCPR, which further clarify the conditions under which the death penalty may be exercised.

Conclusion

  • The right to life is the most fundamental of all rights, encompassing complex issues such as abortion, euthanasia, and death penalty protections.

  • There's a pivotal need for legislative action in Ireland to clarify and regulate rights concerning life and death, especially in light of the ECtHR's influence on domestic law.

  • The importance of a robust and clear legal framework for abortion rights remains urgent, as reflected in the outcome of the A, B and C case.