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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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The Use of Force and Article 2 of the ECHR in Light of European Conflicts


ISBN13: 9781509911813
Published: November 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509936915



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Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated. Due to significant development at a legislative and judicial level, the right to life spans beyond what is enumerated within Article 2.

With the belief that Article 2 is still relevant, this book investigates how the right to life can be better protected within Europe. It advocates for the modernisation of Article 2 through codifying legislative and judicial developments relevant to this provision in the form of guidelines. It also considers the improvements that can be made by the CoE bodies - the European Court of Human Rights (ECtHR), the Committee of Ministers (CoM), the Parliamentary Assembly of the Council of Europe (PACE) and the CoE Commissioner for Human Rights - to encourage adherence to Article 2 and promote effective remedies to prevent future violations.

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.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction
2. Introducing Guidelines on Article 2: Making a Case
3. Duty to Refrain from Unjustified Killing
4. Duty to Protect Life: By Law
5. Duty to Protect Life: Planning and Reasonable Steps
6. Enforced Disappearances
7. Duty to Investigate Suspicious Deaths
8. Right to an Effective Remedy and Article 2 of the ECHR
9. Special Challenges
10. CoE Bodies and Protecting Life