Analysis of the Right to Life in the context of Death Penalty Essay Sample

Analysis of the Right to Life in the context of Death Penalty
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Analysis of the Right to Life in the context of Death Penalty
The right to life of the person and its various applications in different contexts is presently one of the most debated subjects. The debate has been steered with notable changes in topics, including the widespread demand for abortion and the debates on the use of euthanasia. Still, capital punishment is viewed as the biggest impediment to the complete implementation of the right to life. Like the other elements of the debate, capital punishment opens its scope to influential aspects of the right to life in political, social, economic, legal, and ethical constructs. However, the circumstances under which capital punishment is executed, such as the sanctioning by various legal systems with limited considerations of the facts, have made it highly debatable. Questions are asked on whether capital punishment contravenes the tenets of the right to life even though other humane options could be employed. In this paper, the focus is anchored on the analysis of the right to life in the death penalty context. Overall, capital punishment should be eliminated bearing its ills and the inputs of various legal jurisprudences such as the European Convention and the International Covenant on Civil and Political Rights (ICCPR), albeit mildly.
The Right to Life
The right to life is fundamental in various constitutions of the world. Countries have instilled the Human Rights Act in their laws to protect the right to life. In those legal jurisdictions where the right to life is upheld, every person is granted the right to life and the right not to be arbitrarily deprived of that life. In the context of international laws, the right to life constitutes the obligation of states to be the primary protectors of the right to life among their citizens. The right to life is also enshrined in the moral obligations of humanity. It is universal for people to protect the lives of each other as each life is deemed valuable.[Tran, Kien and Cong Giao Vu. "The Changing Nature of Death Penalty in Vietnam: A Historical and Legal Inquiry." Societies 9, no. 3 (09, 2019).]
The right to life is applied differently, albeit inalienability, in various situations. In some constitutions, the right to life accommodates prevention of the use of force by public authorities, the delivery of medical treatment, and the investigations of public entities' conduct, especially when individuals die in their care. In more controversial aspects, the right to life has extended to define aspects such as abortion and capital punishment. Governments must impose the right to life. To that effect, the negative duty implies that public entities need to refrain from taking the lives of individuals, while the positive duty implies the need by public entities to protect the lives of individuals especially in cases where people are faced with immediate risks. Amidst all the above declarations, the international law and various constitutions, including the US, have not explicitly abolished capital punishment. That begs the question of whether such laws are structured to violate the right to life.[Ayukawa, Jun. "Claims-Making ...