Preventing Violations of the Right to Life in the European and the Inter-American Human Rights Systems
From the Osman Test to a Coherent Doctrine on Risk Prevention
Bibliographic Data
| ID | 16764818 |
|---|---|
| Authors | Franz Christian Ebert (Max Planck Society, corresponding author), R I Sijniensky (Max Planck Society) |
| Year | 2015 |
| Volume | 15 |
| Issue | 2 |
| Pages | 343-368 |
| Publication date | 2015-06-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngv001 |
| OpenAlex | W2127838398 |
| Language | EN |
| Citations received | 7 |
This article analyses the application of the ‘Osman Test’, the predominant legal criterion regarding the duty to prevent violations of the right to life by non-State actors in the case law of the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR). Adopted by the ECtHR in Osman v United Kingdom, this test has been subsequently employed in numerous cases involving different scenarios. The IACtHR, too, has resorted to this test in light of its own context and legal framework. However, the application of this test to scenarios for which it was not originally conceived has given rise to conceptual confusion. Also, the test has proved inadequate in certain situations, in particular those involving ‘structural risks’. This article argues that the two Courts should clarify the Osman Test’s elements, delimit its scope of application and further develop its conceptual framework in order to accommodate the challenges posed by the increasingly complex cases the Courts are facing.
Biology · Doctrine · Human rights · Political science · Test (biology) · Human Rights and Development · Law · Ombudsman and Human Rights
Critical Feminist Law-Making
Conceptualizing Femicide as a Human Rights Violation
Economic and Social Rights, Reparations and the Aftermath of Widespread Violence
Inter-American Elements for a Systemic Approach to State-Owned Enterprises’ Human Rights Obligations
The transformative forces of international law? Questioning equality regimes from a multi-level perspective
Legal limits to prioritisation in policing – challenging the impact of centralisation
Fault, knowledge and risk within the framework of positive obligations under the European Convention on Human Rights
| Citations per year | 1 |
|---|---|
| Citation span | 2019 - 2022 (4) |
| Highly cited | No |