EIRP Proceedings, Vol 4 (2009)

Abstract

The right to life, as a biological feature of the human being, stands for the supreme, absolute, erga omnes opposable value, whose absence would invalidate all the other rights and their exertion in the society. The hereby article analyzes the European Regulations, as well as those of the Romanian Criminal Law regarding the moment the right to life's penal protection begins. There are also comparative examinations of the modification proposals regarding the Criminal Law, adopted by the Government of Romania on February 25th 2009 and brought to the attention of the Romanian Parliament, especially those regarding the definition of the moment life beings, the incriminating conditions of the abortion and the manners of institutionalizing the infanticide offence, a recently introduced offence type concerning the harm done to the infant. Upon examining the aforementioned aspects, it can be concluded that with regard to the protection of the right to life, from the perspective of determining its beginnings, the legislations are far from being unanimous. Furthermore, the ethical, moral and religious elements of various states will reflect into the legal matters surrounding the offences sanctioning the breaking of these social relations, thus continuing to generate numerous debates on doctrinaire and legislative aspects.