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When Does Life Begin

Burcu DÖNMEZ

Right to Life, Abortion, Unintentionally, İnjury.

Article 2 of European Convention on Human Rights prescribes right to life. Of all the rights protected by the European Convention the right to life seems most "self evident". A violation of this right makes meaningless the recognition of any other rights. The Universal Declaration of Human Rights included it in a terse composite right in Article 3 to "life, liberty and security of the person". Its importance is underscored by the fact that it is protected absolutely, one of the very few rights that may not be abridged even "in time of war or other public emergency threatening the life of the nation". The exceptions written into section 2 of Article 2, moreover are to be available only when the taking of life is ‘absolutely necessary’ for one of the purposes listed. This formulation contrasts with the more usual requirements for limiting rights that the infringement be merely necessary. This is a distinction to which the Court itself regularly refers1.

At that point it is necessary to ask what constitutes human life, when does life begin. These questions have been most pronounced in debates over the permissibility of abortion and the status of the unborn fetus. Further more I would like to give you information about Vo v. France judgment to answer the questions I asked.

On 27 November 1991 the applicant Mrs Thi-Nho Vo, who is Vietnamese origin attended the Lyons General Hospital for a medical examination scheduled during the sixth month of pregnancy.