capital punishment pronounced by a court when the crime is sanctioned with this punishment by
law”130. It is imperative to note that the European Convention, while legislating the right to life,
also provides a legal explanation for the extent and limitation of this right. Thus, if the Universal
Declaration refers only to the obligation of the High Contracting Parties to provide protection of the
"right to life", then the European Convention provides a delimitation of the positive and negative
obligations of the state in case of intervention in the legal sphere of this right.
From the perspective of the protection of children's rights, the adoption of the UN
Convention on the Rights of the Child and the enshrinement of the right to life in the text of the
international treaty are of particular importance or, with the elaboration of the Convention, the right
to life acquires a different approach than that obtained in the other acts in the field. Thus, the UN
Convention on the Rights of the Child sets out the right to life “States Parties recognize that every
child has an inherent right to life. States Parties shall ensure to the maximum extent possible the
survival and development of the child"
131
, as an obligation to ensure not only the life of the child,
but at the same time obliges the State to create favorable conditions for his survival and harmonious
development as a being to be integrated into society from the moment of his birth. In this context,
the UN Convention on the Rights of the Child has a much broader connotation of the right to life
than other international treaties.
At national level, the child's right to life is guaranteed by the Constitution of the Republic of
Moldova in Art. 24, para. (1) “The State guarantees every individual the right to life and physical
and mental integrity” Art. 50, para. (4) “The exploitation of minors, their use in activities that
would harm their health, morality or that would endanger their life or normal development are
prohibited” and Law no. 338 of December 15, 1994 on children's rights
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, which in Art. 4
stipulates the obligation to protect the child's right to life. In the context of the analysis of the
concordance between the national and the international legal framework, the People's Advocate for
Children's Rights concludes that the national standards in the field of protection of the child's right
to life largely correspond to similar international norms.
130
https://www.echr.coe.int/Documents/Convention_RON.pdf
https://drepturilecopilului.md/files/publications/CDC_2005_final.pdf
132
http://www.legis.md/cautare/getResults?doc_id=94939&lang=ro
131
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