Effective Investigations under Article 2 of the European Convention on Human Rights
Securing the Right to Life or an Onerous Burden on a State
Bibliographic Data
| ID | 12198331 |
|---|---|
| Authors | Juliet Chevalier-Watts (0000-0003-2627-6382, University of Waikato, corresponding author) |
| Year | 2010 |
| Volume | 21 |
| Issue | 3 |
| Pages | 701-721 |
| Publication date | 2010-08-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | European Journal of International Law (JOURNAL) |
| Journal identifiers | ISSN: 0938-5428 • E-ISSN: 1464-3596 |
| Publisher | Oxford University Press (OUP) (PUBLISHER) |
| DOI | 10.1093/ejil/chq045 |
| OpenAlex | W2060833778 |
| Language | EN |
| Citations received | 6 |
| References cited | 1 |
Articles 1 and 2 of the European Convention on Human Rights, when read together, require a proper and adequate official investigation into deaths resulting from the actions of state agents, both from the use of lethal force, and also in situations arising from the negligence of agents that leads to a death. The article considers the extent of the obligation to carry out an effective investigation since its explicit recognition by the European Court of Human Rights in the case of McCann and Others v. United Kingdom. The article assesses the jurisprudence of the duty to investigate in order to determine whether the obligation is now placing too onerous a burden on member states in order to comply with their duties under the Convention, or whether the duty does indeed secure the right to life, as is intended. To assess the original proposition, the article considers the jurisprudence of the duty to investigate in relation to the following applications: early forays into the application of the duty; fatalities arising from non-lethal force; the influential quartet of cases arising out of the Northern Ireland troubles; recent judgments concerning cases arising out of the conflict in Chechnya; and finally through to a critical review of the effectiveness of the European Court
Business · Convention · Duty · Human rights · Jurisprudence · Law and economics · Obligation · Order (exchange · Political science · Relation (database · Sociology · State (computer science · Computer Science · European and International Law Studies · European Criminal Justice and Data Protection · International Law and Human Rights · Law
Deaths While under Probation Supervision
Introduction
Accounts of vulnerability within positive human rights obligations
A brief overview of legal interoperability challenges for Nato arising from the interrelationship between IHL and IHRL in light of the European Convention on Human Rights
The end of military justice in Europe
The Right to Life and the Jus Ad Bellum
| Citations per year | 0.46 |
|---|---|
| Citation span | 2013 - 2023 (11) |
| Highly cited | No |