Right to Die

A New Human Right or An Implication from Right to Liberty and Security of Person – The case of Vietnam

Abstract

Often termed the right to a dignified death, the right to die has long been a subject of interest for academics and human rights experts. This right is frequently considered in relation to one’s right to life, which is one of the core fundamental human rights. However, given that one of the distinctive features of human rights is interdependence and interrelation, the right to die also intersects with other fundamental rights, most notably the right to liberty and security of person. This article aims to assess the necessity of recognizing the right to die as means of supporting individuals in fully enjoying their existing fundamental human rights, based on an examination of the intrinsic relationship between the right to die and the right to liberty and security of person. Accordingly, in the context of many changes in current socioeconomic conditions, the demand for the right to die has emerged as a progressive approach to ensuring the enjoyment of basic human rights. Meanwhile, the right to liberty and security of person, along with the right to life, are the first substantive rights. Liberty and security of person are valuable not only for their own sake but also because the deprivation of liberty and security of person has historically been the primary means of impairing the enjoyment of other rights. This article uses different approaches, such as statutory, case, and conceptual approaches, as well as different research methods, such as historical, analytical, comparative, and critical analysis methods, to conclude that the right to die is not a separate human right in the present situation. However, this right has not been adequately and thoughtfully considered in the study of the right to liberty and security of person to meet the demands of reality. In other words, this right is not fully guaranteed under the current understanding of individual liberty and security. The right to die with dignity not only encounters significant challenges from societal perspectives but also imposes a positive obligation on the state, legislators, and lawmakers to guarantee its practical implementation. Considering the importance of individual self-awareness, the state should prioritize the delicate balance between personal choice and public interest. Ensuring the right to die with dignity does not endorse unregulated self-termination. On the contrary, it provides a structured legal framework to ensure that individual autonomy is exercised within the bounds of human rights protection.

Keywords: Right to Die, Euthanasia, Liberty and Security of Person, Autonomy, Vietnam