The right to life and criminal-law protection of the human person in the Western Balkans

AuthorEtlon Peppo
PositionLaw firm 'Loloci & Associates'
Pages93-101
ISSN 2410-3918 Academic Journal of Business, Administration, Law and Social Sciences Vol 1 No 2
Acces online at www.iipccl.org IIPCCL Publishing, Tirana-Albania July 2015
93
e right to life and criminal-law protection of the human person in the
Western Balkans
Etlon Peppo
Law rm “Loloci & Associates
Abstract
e basic principle for which a democratic governance stands, are expressed in the “Declaration of
Independence of the United States of America with the words of omas Jeerson:
“We hold these truths to be self-evident, thatall men are created equal, that they are endowed by
their Creator with certain unalienable Rights that among these are Life, Liberty and the Pursuit of
Happiness. at to secure these rights, Governments are instituted among Men, deriving their just
powers from the consent of the governed
e government of a democratic state does not exist to recognize the basic human rights, but to
respect and guarantee the protection of these rights that any person possesses and benets due to
his existence starting from the most important right: e right to life, which is faced against the
duty of the state for the protection of the human person’s life! In this sense this article analyzes the
criminal-law protection of life in the Western Balkans.
Keywords: e right to life, the criminal-law protection of life, Western Balkans.
Introduction
e process of the democratization of a state and society passes unquestionably by the
recognition and respecting of human rights and fundamental freedoms, and above all
by guaranteeing these rights. Historically, in the name of democracy, there have been
numerous eorts to respect human rights and fundamental freedoms. As widely known,
the origin of the word democracy is derived from the words: “demos” = people, “cratos
= power and is dened as “the power of the people” or as “the governance of the people
by the people” being characterized as a particular form of the government accomplished
in the name and on behalf of the majority. e level of democracy increases in direct
proportion to the extension of a greater participation of the citizens in the selection of
the state government bodies and in the governance of the country. erefore, it is logical
that, in this case, for the full recognition and implementation of democracy, the guarantee
of the human rights and fundamental freedoms is of a rsthand importance. However,
oen, arbitrary positions and infringements of human rights and fundamental freedoms,
the non establishment of the appropriate institutional mechanisms by the states in order
to protect these rights have led to the outrage of human dignity and to the creation of
serious obstacles for the implementation of real democracy (Zaganjori, 2002, 18). For
this reason, it is necessary and essential to take the necessary precautionary measures in
order to guarantee the continuous development and consolidation of democracy. Such
duty is charged on the democratic state itself, which provides various measures in the
Constitution or other laws in order to inhibit and stop the occurrences that harm or risk

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