Žmogaus teisės į gyvybę apsaugos iki gimimo problemos Lietuvoje: konstitucinė ir kanoninė perspektyvo
Problems of Protection of the Human Right to Life in Lithuania: Constitutional and Canonical Perspectives

Summary/Abstract: This article analyses the guarantees of the human right to the protection of life from the perspectives of the constitutional law of the Republic of Lithuania and the canon law of the Roman Catholic Church. The main focus of the study is on the issue of the protection of the right to life of the unborn. The article concludes that the Order of the Minister of Health of 12 August 2022 “On the amendment of the Order of the Ministry of Health of the Republic of Lithuania of 28 January 1994 No. 50 “On the procedure for the performance of termination of pregnancy surgery” does not have a proper legal basis, and the norms of the Criminal Code providing for liability for illegal abortion do not actually protect the life of the unborn human. The study further reveals why such a regulation cannot be considered to be in line with the Constitution and constitutional doctrine, which provides binding conditions for the legislator and state institutions to regulate the legal protection of human life. The article also points out that canon law establishes an additional type of liability for killing a human being, inter alia, an unborn human being, which is classified in constitutional doctrine under the group of religious norms that protect the human right to life.

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