The responsibility of governments in violating the right to life Evaluation of the procedure of the European Court of Human Rights

پژوهش نامه ایرانی سیاست بین الملل

Article 21, Volume 12, Issue 2 - Serial Number 24, June 2024, Pages 515-539   

Document Type: Original Article

DOI: 10.22067/irlip.2024.82538.1392

Authors

Mohammad Ashouri¹; Mohammadsadegh Chavoushi^{* 2}; Jafar Koosha³

¹Full Professor, University of Tehran

²PhD Candidate

³Associate Professor

Abstract

The right to life and the idea of human dignity play a very important role in the emergence of new legal rules and systems. It is in the light of this idea that today we are witnessing the development and establishment of new legal rules and systems such as "International Human Rights System" and "International Criminal Law". Committing to the right to life will result in conditions such as the criminal responsibility of governments. The jurisprudence of the European Court of Human Rights, based on Article 2 of the Convention, contains the important content that the right to life of all people must be protected by law and no one should be deliberately deprived of their right to life; except when executing the court order. The existential philosophy of Article 2 is to guarantee the right to life in every possible way. This is despite the fact that Article 2 does not only include intentional murder, but also includes situations in which the use of force causes the loss of life. In this situation, the use of lethal force is actually an example of intentional murder. Thus, according to the practice of the European Court of Human Rights, cases of violation of Article 2 of the Convention, not only include the killing of a person, but also include any danger to a person's life as being subject to the criminal responsibility of governments.

Keywords

The right to life; the European Court of Human Rights; the responsibility of governments; human dignity

References

Ashouri , Mohammad ) 2014)؛ Criminal law Councilof Erope , First edition , Tehran.
Khorsandy Publication, [In Persian].
Aghaei Jannet Makan, Hossein (2008); The necessity of forming the World Court of
Human Rights, private rights thoughts, fifth year, number 13 [In Persian].
Bedau, Hugo Adam(1968). The Right to Life, The Monist, Vol. 52, Issue 4, 1. C. Judicial
rulings, documents and reports
Ehsani Motlaq, Mohammad Reza (2014); The right to life in monotheistic religions,
comparative theology, year six, number fourteen [In Persian].
Griffin, James(2008). On Human Rights. Oxford New York: Oxford University.
Halabi, Ali Asghar (2003); Man in Islam and Western Schools, second edition, Asatir
Publications [In Persian].
Harm Raduction Intematonal (2015).The Death Penalty for Drug Offences: Gatal erstew
2015 The Extrem Fringe of Global Drug Policy.
Jovan Arasteh, Hossein (2019). the right to life; Foundations, scope and accessories,
collection of articles on citizenship rights; Explorations and Challenges, first edition,
Tehran: Samit Publications [In Persian].
Mansouri Dehbid, Abdolreza et al. (2020), Analysis of the Ethical Basis of Judicial
Supervision in Criminal Proceedings, Ethical Research Quarterly, Year 11, Number 2 [In
Persian].
Marhouni, Mohsen and Raeisi, Leila (2021); The effect of the European Court of Human
Rights on how to limit fundamental rights and freedoms in the Iranian Constitution,
Scientific Quarterly of International Legal Research, Volume 14, Number 54 [In Persian].
Mohammadi alamouti, Hassan et al. (2016), the right to life and its deprivation from the
perspective of Islam and international human rights with an emphasis on suicide operations Islamic Religious Research, VOL 37, [In Persian].
Mustafizi, Serovnaz and Balvi, Mehdi (2016); The Right to Death in International Human
Rights Instruments, Treaty Legal Research, Volume 1, Number 1, [In Persian].
Qari Seyed Fatemi, Seyed Mohammad (2010); Human rights in the contemporary world,
book two, analytical essays on rights and freedoms, first edition, Tehran: Shahrdanesh [In
Persian].
Qari Seyyed Fatemi, Seyed Mohammad and Qobadi, Marzieh (2017); Examining the
relationship between terrorism and the right to life in the light of international judicial
practice, International Political Research Quarterly, No. 36 [In Persian].
Schabas, William (2010). The Abolition of the Death Penalty in International Law.
Cambridge University Press.
Tabatabai, Seyyed Ahmad (2012). The European Court of Human Rights: New Structure
and Jurisdictions, Legal Thoughts, Year 1, Number 5 [In Persian].
Taghrangar, Hassan (2018); The necessity of a historical approach to the death penalty for
drug trafficking, encyclopedia of criminal sciences, fourth book, experimental criminal
sciences, under the supervision of Ali Hossein Najafi Abrandabadi, Tehran: Mizan [In
Persian].
Vuxeh, Mohammad Reza (2003); The concept of positive obligations in the practice of the
European Court of Human Rights, Theology and Law Quarterly, No. 13 [In Persian].
William.A SCHABAS(2003). The Abolition of Capital Punistudent From an Intemnational
Law Perspective International Conference on Convergence of Criminal Systems, bridging
the gaps, The Hague, at: www. Isect. org papers / schabas.pdf.
CASE OF KRASTANOV v. BULGARIA
CASE OF OĞUR v. TURKEY
CASE OF ÜLKÜ EKİNCİ v. TURKEY
CASE OF BOSO v. ITALY
CASE OF GÜNGÖR v. TURKEY
CASE OF SALMAN v. TURKEY
CASE OF ÇİÇEK v. TURKEY
CASE OF IORGA v. MOLDOVA
CASE OF LYUBOV VASILYEVA v. RUSSIA
CASE OF HALFORD V. THE UNITED KINGDOM
CASE OF OBSERVER AND GUARDIAN V. THE UNITED KINGDOM
CASE OF DUDGEON V. THE UNITED KINGDOM
CASE OF MARCKX V. BELGIUM