The Right to Life under Article 2 of the European Convention on Human Rights

BookCover

The Right to Life under Article 2 of the European Convention on Human Rights
in honour of Michael O`Boyle
Lawrence Early & Anna Austin (Eds.)
Pages: 297 pages
Shipping Weight: 700 gram
Published: 01-2016
Publisher: WLP
Language: NL
ISBN (hardcover) : 9789462403055





Product Description

On 13 February 2015 a Seminar took place in the European Court of Human Rights in Strasbourg entitled “The Right to Life: Twenty Years of Legal Developments since McCann v. the United Kingdom”.
 

The Seminar was to celebrate the work and achievements of the Court’s Deputy Registrar, Michael O’Boyle, on the occasion of his retirement. This volume contains the submissions made during and after the Seminar, and the order of inclusion of the submissions is based on the three working sessions of the Seminar.
 

Table of Contents
 

Opening words

  • Prelude
    Sir Nicolas Bratza, former President, European Court of Human Rights 
  • Letter from Charles Flanagan, Minister for Foreign Affairs and Trade, Ireland 
  • The right to respect for life and the abolition of the death penalty
    Jean-Paul Costa, former President, European Court of Human Rights 


Substantive aspects of the right to life: principal developments since the McCann jugdment

  • Issues relating to the beginning and end of life
    Baroness Hale of Richmond, Deputy President, Supreme Court of the United Kingdom 
  • Out of harm’s way: positive obligations under Article 2 of the European Convention on Human Rights
    Linos-Alexander Sicilianos, Judge, European Court of Human Rights 
  • The planning and control of operations involving the use of lethal force
    Brice Dickson, Professor of Law, Queen’s University Belfast 
  • “Operationalising” the European Convention on Human Rights for police
    Ralph Roche, Human Rights Legal Adviser, Police Service of Northern Ireland 61
  • The core of McCann: lethal force and democracy under the European Convention on Human Rights
    Stephen Skinner, Senior Lecturer in Law, University of Exeter 67
  • State responsibility for injuries and killings perpetrated by State agents other than in the performance of their duties
    Ayşegül Uzun Marinković and Aida Grigić, Lawyers, Registry of the European Court of Human Rights


Procedural obligations and the right to life

  • “Legacy inquests” in Northern Ireland
    Rt Hon Sir Declan Morgan, Lord Chief Justice of Northern Ireland 
  • Grave violations of human rights: the handling of some procedural issues in the case-law of other international tribunals
    Antônio Cançado Trindade, Judge, International Court of Justice 
  • Investigation into the use of lethal force: standards of independence and impartiality
    Egbert Myjer, Commissioner, International Commission of Jurists, former Judge, European Court of Human Rights
  • Post-conflict criminal investigation by international experts: how effective? (the Kosovo example)
    Andrey Antonov, Executive Officer, UNMIK Human Rights Advisory Panel 
  • Right to the truth in the case-law of the European Court of Human Rights
    Olga Chernishova, Head of Division, Registry of the European Court of
    Human Rights
  • Dialogue at cross-purposes: the Northern Ireland inquest and Article 2 of the European Convention on Human Rights
    John F. Larkin, Attorney General for Northern Ireland 
  • The right to life – interim measures and the preservation of evidence in conflict situations
    Philip Leach, Professor of Human Rights Law, Middlesex University; Director, European Human Rights Advocacy Centre 
  • The involvement of the deceased victim’s next of kin in criminal investigations: an analysis of the standards under Article 2 of the Convention and of Directive 2012/29/EU on the rights of victims of crime
    Sofia Mirandola, Lawyer, Registry of the European Court of Human Rights 


Conflicting or complementary? 
Interplay between international humanitarian law and human rights law

  • Article 2 of the Convention and military operations during armed conflict
    Françoise J. Hampson, Emeritus Professor, School of Law, Essex University
  • Si vis pacem, para bellum. Application of human rights law in situations of armed conflict
    Rick Lawson, Professor and Dean, Law Faculty, University of Leiden
  • When is an act of war lawful?
    Sir Daniel Bethlehem QC, Barrister, Director, Legal Policy International Ltd
  • Adducing security-sensitive material in terrorist-related cases:different approaches in the European supranational courts
    The Rt Hon Lady Justice Arden, Judge, Court of Appeal of England and Wales
  • The right to life in situations of armed conflict
    Clare Ovey, Head of Division, Registry of the European Court of Human Rights


Closing words

  • Erik Fribergh, Registrar, European Court of Human Rights
  • Dean Spielmann, President, European Court of Human Rights


Annexes

  • Article 2 of the European Convention on Human Rights
  • Programme of the Seminar of 13 February 2015






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