THE FEATURES OF INTERPRETATION OF ARTICLE 2 OF THE EUROPEAN CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS BY THE EUROPEAN COURT OF HUMAN RIGHTS

Year: 
2017

Article:

Issue: 
5

Author(s): 
Valiullina Ilyana
Abstract: 

The article analyzes art. 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which establishes the right to life. The author examines in detail three groups of obligations of states (positive, negative and procedural), as well as the key cases of the European Court of Human Rights (Osman v. the United Kingdom, Pentiacova and Others v. Moldova). She investigates the grounds for justifying the use of lethal force by state representatives and the main question of whether, in these cases, the use of force were more intense than «absolutely necessary» for specific circumstances. Relying on the practice of the European Court of Human Rights the author outlines components for each group of obligations.

Key words: 

human rights, right to life, positive, negative, procedural obligations of states

Text of the article: 
English