I. What are the right to life and health?
The right to life and health is a kind of personality right. Divided into the right to life and health. The right to life is the premise of citizens' existence as human beings and sovereignty as rights, and it is also the basis for citizens to exercise other civil rights. The existence of life and the enjoyment of the right to life are the highest personal interests of everyone. Therefore, protecting life from illegal infringement is the first and most important human right of citizens. The right to health, also known as the right to physical health, includes both physical and mental aspects. During the existence of life, citizens must maintain the integrity of human tissues and the normal functions of human organs, otherwise they cannot participate in civil activities with their own actions. Citizens' right to life and health is protected by criminal law, civil law and administrative law. Whoever intentionally or negligently deprives others of their lives shall bear corresponding criminal and civil liabilities according to the circumstances; Acts that seriously harm the health of others are generally subject to criminal sanctions, with civil compensation; Generally speaking, civil liability should be borne for minor injuries or injuries that are not investigated for criminal responsibility according to law.
Citizens' right to life and health includes two categories: right to life and right to health.
The right to life is the right of citizens to safeguard their own life safety interests, which is mainly manifested in the right to safeguard life safety. When others illegally infringe on their own life safety, they have the right to defend themselves according to law and request judicial protection. All illegal acts leading to death are violations of the right to life. Life is only once for us, and its value is the highest. Life safety is the material premise and basic condition for citizens to engage in all activities. Once you lose your life, any right is worthless to the victim. We have the right to cherish life and maintain its safety.
Second, what does the right to life and health include?
What are the right to life and health? Citizens' right to life and health includes two categories: the right to life and the right to health. The right to life is the right of citizens to safeguard their own life safety, which is mainly manifested in the right to safeguard their own life safety. When others illegally infringe on their own life safety, they have the right to defend themselves according to law and request judicial protection. All illegal acts leading to death are violations of the right to life. Life is only once for us, and its value is the highest. Life safety is the material premise and basic condition for citizens to engage in all activities. Once you lose your life, any right is worthless to the victim. We have the right to cherish life and maintain its safety. The right to health means that citizens keep healthy, that is, the normal operation of physiological functions. The right to have a good mental state. The content of health is mainly manifested in the right to maintain health, which has two meanings. First, the right to stay healthy. Second, the right to safeguard health interests, when health is illegally violated, the victim has the right to request judicial protection.
Third, does the right to health belong to the right to personality?
According to the relevant provisions of the Civil Law of People's Republic of China (PRC), the right to life and health belongs to the right of personality, and no organization or individual may infringe upon it.
Article 990 of the Civil Law of People's Republic of China (PRC): Personality right is the right to life, body, health, name, portrait, reputation, honor and privacy enjoyed by civil subjects.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 991 The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it.
Legal objectivity:
Article 102 of the Civil Code stipulates that natural persons have the right to life. The life safety and dignity of natural persons are protected by law. No organization or individual may infringe upon the right to life of others. Article 104 Natural persons have the right to health. The physical and mental health of natural persons is protected by law. No organization or individual may infringe upon the health rights of others. Article 105 When a natural person's right to life, body and health is infringed upon or is in other dangerous situations, an organization or individual with legal obligation to provide assistance shall provide timely assistance.