The right to life under the European Convention of Human Rights : a positive obligation to protect life

Abstract

Article 2 is considered as one of the most important rights, which is inherent to human nature. The right to life is be considered to be a building block of all other rights. The European Convention on Human Rights (ECHR) does not protect life but rather it protects the right to life. The law of the State must afford such protection as an obligation towards humanity and the International Community. Article 2 provides for a positive obligation on the state to ensure that life is not intentionally deprived. On the other hand, the ECHR provides for situations where deprivation of life can be inflicted without article 2 being infringed. The body of judgements by the European Court of Human Rights (ECtHR) concerning the right to life is amongst the richest and most dynamic in all Convention case law. Also the Court has been subjected to great developments in the sphere of procedural rights being applied. Nevertheless, the Court took several innovative and sometimes risky decisions on issues pertaining to the breach of the right to life. As far as the prohibition on unlawful killing by the State, the broad lines have already been stated but no doubt further details will emerge as the Court will face new situations. Not only that, the Court provided for a formulation of a concept which triggers great responsibility upon the state to ensure that it takes measures to safeguard lives by providing access to effective form of investigation, health risks and other matters. The concept of positive obligations was formulated as a reaction to ensure that the State is kept in check and not to exceed its powers. The Court must act as a buffer between the individual's right and the positive obligation of the State. The Court has great responsibility because one has to see how far can the Court extend the protection afforded by article 2 without placing too great burden on the State.