The right to life under Article 2 of the ECHR in light of European conflicts

• Main Author: Russell, Hannah
• Published: Queen's University Belfast 2015
• Subjects: 342.2408
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.677282

Article 2 of the ECHR in its current form is incomplete and outdated. This raises the question of whether Article 2 as it stands is enough to protect the right to life. Unjustified killings, by State actors and due to State omissions, are continuing in Europe making the words of 'never again' that inspired the birth of human rights and the ECHR appear disingenuous. With the belief that Article 2 is still relevant, the purpose of this thesis is to investigate how the right to life can be better protected within Europe. This thesis begins with the premise that, as a result of significant development at both a legislative and judicial level, the right to life spans far beyond what is enumerated within Article 2. It argues that the provision that gave birth to the standalone right to life is outdated. It advocates for its modernisation through the original contribution that developments should be codified in the form of guidelines, which will clarify the scope of the enumerated and unenumerated minimum standards set by Article 2. In taking a practical approach to the protection of life, this thesis also looks beyond legislation and considers what improvements can be made by the CoE bodies - the ECtHR, the CoM, the PACE and the CoE Commissioner for Human Rights - in encouraging adherence to Article 2 and promoting effective remedies to prevent future violations. This thesis adopts a thematic approach, which includes looking at: the duty to refrain from an unjustified killing; the duty to protect life; enforced disappearances; the duty to investigate suspicious deaths; the right to an effective remedy; and enforcement and impact. It uses the experience from four internal European conflicts - the Basque conflict, Chechen conflict, the Northern Ireland Troubles and the Turkish-Kurdish conflict - to illustrate its points.