THE RIGHT TO LIFE AS A BASIC HUMAN RIGHT- А DIFFERENT PERSPECTIVE FOR NASCITURUS
THE RIGHT TO LIFE AS A BASIC HUMAN RIGHT- А DIFFERENT PERSPECTIVE FOR NASCITURUS

Summary/Abstract: Article 3 of the Universal Declaration of Human Rights and Article 2E of the European Convention for the Protection of Human Rights and Fundamental Freedoms provide that everyone has the right to life and no one shall be deprived of their life intentionally save in the execution of a court sentence or in the circumstances exhaustively listed in these international acts. This concept is also developed in the European Court of Human Rights case law in Strasbourg. It is assumed that the right to life is related to the acquisition of legal status, which in modern law is the moment of birth. The interpretation of this right is presented in relation also to the concepts of classical Roman jurisprudence, which offers some rational solutions to overcome the problems associated with recognizing the child’s existence in utero and protecting its interests until the moment of the birth of nasciturus. Some decisions of the European Court of Human Rights are presented about the Roman legal concept in the maxim „Nasciturus pro iam nato habetur quotiens de commodis eius agitur“.

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