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

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

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

Author: Hannah Russell
Publisher: Hart Publishing
ISBN: 9781509911813

Published In: November 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509936915

List Price: AU$260.00

AU$252.20 Save AU$7.80 (3%)

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Description
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Article 2 of the European Convention on Human Rights (ECHR) in its current form is incomplete and outdated.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.

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

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