Right of self-determination
The term right to self-determination is not an express part of a legal system , but rather a concept of human rights . Every person and every group has the right to regulate their own affairs freely and without the interference of others - in particular from government agencies - as long as they are in accordance with the recognized rules of the respective community.
In Germany this right is mainly enforced by Art. 2 Para. V. m. Art. 1 Para. 1 of the Basic Law . Each person is guaranteed the right to "free development of his personality", "as long as he does not violate the rights of others and does not violate the constitutional order or the moral law". ( See also: General freedom of action .)
Due to the separation of state and church , the Basic Law also recognizes a church right to self-determination in Art. 140 in conjunction with Art. 137 Para. 3 WRV .
The term goes back to discussions about the right to determine one's own religious affiliation. In contrast, the principle that the religion of the ruling prince or king automatically determined the religion of his subjects (cf. Cuius regio, eius religio ) still applied until the 17th century . In the 18th century the idea of a general, individual right to self-determination was added.
Today the term is mainly used in the following contexts:
- Right to informational self-determination ,
- Right to sexual self-determination ,
- Right to physical integrity ,
- Right to freedom of person
- Right to self-determined death (see euthanasia , living will , treatment request )
- in the area of abortion with women’s right to self-determination,
- in international law in the sense of the right of peoples to self-determination .
See also
Individual evidence
- ↑ Axel W. Bauer : Death tutoring: Why state and society want to gain more influence on our end of life. In: Specialized prose research - Crossing borders. Volume 8/9, 2012/2013 (2014), pp. 467–475 ( PDF ), here pp. 467–469 ( The illusion of self-determined death ).