La vida humana como derecho

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Universidad Complutense de Madrid
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This thesis entitled "Human Life as a Right" aims to analyze what a human life is, when it begins and what degree of legal protection it receives and should be granted. In short, whether it is viewed as a right and, if so, is it recognized by law? Since it is a universally recognized right (UDHR), its real value should be ascertained. Is it a substantive law? Or has it become a formal right over time that is infringed or unapplied in various phases and life situations? Either with the abortion of the unborn conceived, the euthanasia of the sick, the use of the death penalty, death due to religious persecution, the lack of positive and preventive social action against death by starvation, the lack of suicide prevention, the embryonic manipulation and instrumentation or, simply, denying humanness, giving priority to the “animal” values, violating human dignity, its essence, its rights and the defense of life itself. To this end, I begin by addressing issues of this accelerated time we live in, Kairos in Greek mythology, and the concept of progress. Life sciences, the beginning of life according to science and the bioethical issues that arise every day in this important relationship between science and life. Among the many issues raised, I have focused my attention on surrogacy contracts where –as pointed out our Supreme Court- an unacceptable commoditization of both rented-exploited women and unborn children occurs; leading to a real reification of human beings. Logically, I stopped to consider the concept of law, natural rights, natural law, as well as the so-called universal ethics, the inherent dignity of the human being, its historical evolution and current consideration...
Tesis inédita de la Universidad Complutense de Madrid, Facultad de Derecho, Departamento de Filosofía del Derecho, Moral y Política I, leída el 05-11-2015