Every democratic constitution seeks to (protect and guarantee) the fundamental rights  of
its own citizens.  Included in the basic human rights is the right to life, and it will be one of
the most important rights for each of us.  It should be protected and some how
guaranteed by the new constitution.

Each of us knows that how important the right to life is and how we feel when someone’s
right is deprived by any action or situation which we call unfair.  This concept goes
deeper when beside the criminals that are the main executors of someone life in a unfair
way--there are some other appearances which many of us think that should or not exist.
Can a person be punished with a death penalty?  Many of us know and understand that
the life of everyone should be protected by law.   Why then should a penalty like this or
abortion be allowed?  These are issues that each country addresses in its own laws and
constitution.  As countries and state governments vary laws and constitutions also have
different perspectives on the  right to life and how it should be protected.  Usually the
right to life is either protected or international conventions which deal with the  protection
of the human rights.

How much a state or a government can do for the human being (mainly its citizens) to
protect and guarantee a certain quality of life?  Many of us have felt insecure about our
life.  In different situations we might feel that our life has not been fully protected.  Of
course, we cannot avoid all accidents.  But, what will be the situation if someone from our
society is just walking in the street and is intentionally killed by another party?  The
answer may be slightly different as we measure it in different countries.  There should be a
law which prohibits this act (criminal offence), and there should be a remedy for punishing
the party which deprives you from your life.  In this case, your life should be protected by
law in the constitution.  The more difficult question is “how.”  There are a number of
possible legal components--some in a constitution and some in separate laws.  For
example:

Prohibition of murder and provide a certain remedy for the person who
commits this kind of crime;
Measures to protect and guarantee its citizens a safety environment of living
by having an organized police system and investigating network which assist
in the prevention of the crime;
Prohibition by law of the implementation of customary law which motivates
many actions that might be classified as violations;
Regulation of abortion or encouraging women not to have them, (some states
prohibit by law the abortion as a way of protecting the right to life).
Implement of international law and especially implementation of human rights
conventions or treaties which are specific and bind State parties to protect
and guarantee such fundamental rights.

It is more than clear through our daily life and experience that the right to life is one
everyone shares.  But, different legal instruments express or are interpret this right in
different ways which make it sometimes difficult.  This problem has two particularly
difficult components.

First, who is everyone?  Even an unborn child?  If it is a child, when is the unborn child
considered alive?  Should this life be protected from the moment of conception or later?
Second, many countries provide in their legislation that capital punishment may apply to
various crimes.  Is it fair for citizens to be punished by death?  Is the state which tries to
protect the citizens’ right to life, the state which should also seek the death penalty.

Here we see a variety of problems and issues which should be considered.

First, it is hard to determine what the right to life is in the context of the unborn child.
Does this mean abortion should be forbidden?  On the other hand is this is the right
interpretation of the European Convention on Human Rights and other international legal
instruments as well?  This is a question of jurisprudence, and lawyers have many
comments and different point of views.   But, the main thing is how a constitution of a
country will be reflecting such an important.  It is clear that a democratic constitution of a
democratic country should protect the fundamental right to life. The more difficult issue
derives from whether  to allow or  restrict somehow abortion towards accomplishing the
protection of right to life.

Second, the same thing stands toward the prohibition of capital punishment.  This is a
delicate issue.  It is true that, if a country or state will be a part of international agreements
or ratifying conventions, (Ex. European Community and their protocol)   they may be
bound to respect certain human rights protection, one of which might be prohibiting the
death penalty.   How far does this go?  This depends on the constitution whether or not
the constitution prohibits the death penalty and incorporates these international norms.  If
we see other countries, and especially those West, developed and fully democratic
oriented, generally  prohibit the death penalty.  Albania, as a country that is in the
developing process, has social obstacles which make more difficult the implementation of
a democratic legislation.  Should Albania have a different standard here?
This is a question which take so much and depends on the stage and level our civil society
and economic development grows.

As a conclusion--should a democratic constitution prohibit or allow the abortion or the
death penalty as a way to protect human rights?  This is the question of Albania and
Albanians public opinion on these  certain and specific issues.   Everyone in the Albanian
society has the right to life, and this right should be protected in the future.  They should
not be deprived of  this life unless the deprivation of life is something that the law provides
to protect others life.  The difficult question is how far the state should go in defining this
idea in its constitution.

Submitted by Ardita N. Abdiu, ACCAP Coordinator, CEELI Staff Attorney
American Bar Association (ABA) Central and East European Law Initiative (CEELI)
Rr. Ismail Qemali, Pall. 34, Ap. 2
Tirana, Albania
Phone: 355 42 346 24
Fax: 355 42 331 97
E-mail:  [email protected]