Can the right to life be renounced? : a comparative perspective of euthanasia

Abstract

The purpose behind this dissertation is to analyse whether the domestic law of various European nations permits the unliteral renunciation of the right-to-life. An in-depth analysis will be conducted of to what extent such a renunciation can be made and who is entitled to renounce such a right. In addition, the legal jurisprudence of these European states will be analysed in order to determine why the state has taken such a legal position regarding the renunciation of the right-to-life through the performance of euthanasia. Such jurisprudence will also serve to show how the state’s stance regarding such renunciation has developed and highlight how public opinion has differed at different points in time within the relevant state. As the renunciation to the right-to-life involves a person’s human rights under the European Convention of Human Rights, various cases of the European Court of Human rights will be analysed in order to determine whether the allowance or prohibition of such a renunciation infringes on the European Convention of Human Rights. Upon such analysis the answer to whether a person can renounce their right-to-life will vary from one state to another as states are awarded a margin of appreciation in implementing the European Convention of Human Rights, and since there are different cultural values, the consensus on whether such a renunciation is possible would differ in different states. Therefore, the question can be answered in both the positive and the negative depending on where the question is being asked.