ON THE DUTY TO REMAIN ALIVE
COMMENTARY ON SUPREME COURT DECISION No. 95.030-2020
DOI:
https://doi.org/10.29393/RD254-11SDSS10011Keywords:
Right to Life, Duty to remain alive, Disposition of Human life, Hunger Strikes, Rights Protection Action, International LawAbstract
This paper analyzes a Supreme Court decision in a hunger strike case. In this regard, the Court interprets the right to life as if it were a duty imputable to the strikers. The basis for this duty is twofold. On the one hand, it is argued that the Administration is in a special position of guarantor with respect to the protection of inmates. On the other hand, it is argued that the inmates are in a situation of vulnerability caused by the lack of freedom of movement. The main conclusion of this paper is that both
ideas are based on an inadequate use of international human rights law.
Downloads
Published
How to Cite
Issue
Section
Copyright (c) 2023 Sebastián Sandoval Ayala
This work is licensed under a Creative Commons Attribution 4.0 International License.
User may share, copy and redistribute the material in any medium or format for any purpose, including commercially; and adapt, remix, transform and build upon the material for any purpose, all this with the obligation to give appropriate credit to the author. You can find more information at the following link.
