BIOSOCIAL DIMENSION OF HUMAN EXISTENCE AS THE MAIN CHARACTERISTIC OF THE RIGHT TO LIFE

Abstract

The relevance of this article is in its new insight into “right to life” through a philosophical and legal approach, which provides the recognition of life and its integral elements such as health, honour and dignity as the highest social values. It means that giving preference to other values is unacceptable. As a result of the analysis of sufficient scientific material, it was possible to establish the following features of the right and life, in particular: it is integral, inalienable and inviolable, so it is a natural right; the right to life is characterized by its equality (generality) and universality; it is a fundamental and absolute right; nonmaterial and personal nature of the right to life, impossibility of renewal or impossibility of succession; it provides a close connection with a person – the holder of this right; the object of legal protection of the right to life is life as the unity of existence in its three forms: physiological, sociological and internal (spiritual). The discovery of the basic features of the right to life has helped us to fix that a person as the holder of this right should be considered as a biosocial being who has an ability to live not only as a biological species but as a social one as well. Accordingly, person includes the concepts of “personality” and “individual”, where social and spiritual aspects of human existence correspond to the concept of “personality”, and biological and natural aspects correspond to the concept of “individual”. Taking this into account, the characteristics of a person should be based on his biological features with an accent on social, cultural, spiritual and moral side. A person is a biosocial being who has only his inherent features: consciousness, freedom, creativity, thinking, speech, etc. and combines physical, social, spiritual and moral aspects in him. Hence, the object of legal protection of the right to life is the life as the unity of existence in its three forms: physiological, sociological and spiritual.