The preventive dimension of the protection of the right to life under the European Convention on Human Rights

• Autor(a) principal: Morawska, Elzbieta Hanna
• Data de Publicação: 2019
• Tipo de documento: Artigo
• Idioma: eng; por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/20213
• topic: European Convention on Human Rights; European Court of Human Rights; Strasbourg case law; Right to life, positive obligation to protect life, operational preventive measures; Convenção Europeia de Direitos Humanos; Corte Europeia de Direitos Humanos; Jurisprudência de Estrasburgo; Direito à vida, obrigação positiva de proteger a vida, medidas operacionais preventivas

The aim of this article is pointing out to the process of redefining the nature, subject and structure of the obligations of States Parties to the European Convention on Human Rights in the field of the right to life (Article 2 of the Convention). The main author of the above redefinition is the European Court of Human Rights, hence it takes place during the interpretation and application of Art. 2 the Convention. As a result, in addition to primary negative obligations, the positive obligations are imposed on States. Strasbourg case law identifies a variety of positive measures that States are obliged to undertake in order to fulfill these positive obligations, including appropriate preventive measures. They are to prevent the materialisation of risks to the right to life, both in the case of threats from private individuals, as well as during the use of lethal force by State officials. The Court has not settled the precise catalog of these measures and the conditions for taking them. They are formulated case by case and are constantly being expanded. It can therefore be said that they are still in statu nascendi.