Facultatea de Drept / Faculty of Law
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Item Limitele temporale ale dreptului la viață(Tipografia „Adrilang”, 2022-01-27) Pozneacova, Veronica; Zaharia, VirginiaLife represents a constitutional right, regulated at the International and national levels. Despite of the general importance of this fundamental right, the moment of the emergence and extinction of the right to life remains a controversial one, both in the doctrinal discussions and in the debates of the wide circles of the population. The birth and death of a person, facts that have the legal connotation form the temporal limits of the right to life being presented within the current regulations. States have not adopted a unanimously recognized vision on the emergence of the right to life in aspects related to the legal status of the embryo and that of the unborn child. The substantial difference between the legislations of several states is manifested in the establishment of conception or birth as the beginning from which the life of the human being enjoys the protection of the state. The death, as the temporal limit of the right to life in the present, generates many discussions with ethical, legal and medical connotation. Currently, the establishment of the person’s death is based on the criterion of biological death or brain death. Introducing brain death as a basic criterion for ascertaining death determined the necessity to justify it from the perspective of ascertaining the cessation of brain activity or certain areas of it, being closely related to the field of transplantology. The purpose of this article is to determine the models of regulation of the temporal limits of the right to life, as well as to analyze the specifics of each approach based on medical, ethical, philosophical and legal arguments.