Case Studies Against the Republic of Macedonia in Relation to Article 2 of the European Convention on Human Rights

Josifovic, Ivica and Kambovski, Igor (2022) Case Studies Against the Republic of Macedonia in Relation to Article 2 of the European Convention on Human Rights. International Journal - Knowledge, 55 (1). pp. 115-120. ISSN 2545 – 4439

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Abstract

The purpose of this paper is to present Article 2 of the European Convention on Human Rights (ECHR) and its significance in determining its violation before the European Court of Human Rights (ECHR). The paper first explains the general features of Article 2, its scope and its application, as it is considered a non-derogable right.
Article 2 is a fundamental value in any democratic society. The norm from Article 2 of the ECHR, first of all, is
formed positively, in the sense of a comprehensive obligation of the state to protect human life. It also contains a prohibition on the intentional killing of people, except in connection with deaths resulting from lawful military action. Although not expressly stated in Article 2, the prohibition of deprivation of life applies not only to
intentional but also to unintentional acts or omissions. From the negative wording that "no one may be deprived of
his life intentionally", it is clear that the norm refers to the prohibition of state authorities to arbitrarily take the life of any individual. Deprivation of life is therefore subject to careful investigation by the ECtHR. However, this
formulation does not imply a negative freedom of the individual to take his own life. Unlike other ECHR rights, the right to life is the only right that a person does not decide for himself, just as he does not decide his birth. The paper further elaborates on the application of Article 2 in relation to the use of excessive police force, death in custody, victims of crime and in other cases and circumstances. The main segment of the paper is to provide an explanation of the judgments made by the ECHR in cases filed against the Republic of Macedonia and how In conclusion, the authors present their own results regarding compliance with Article 2 and future challenges that may be faced by the law enforcement authorities in the application of Article 2 of the ECHR. States must take appropriate steps to protect the lives of those within their jurisdiction and must establish a legislative and administrative framework designed to ensure effective prevention; must exercise the utmost care and define the limited circumstances in which police officers may use firearms; must take reasonable measures to ensure the safety of individuals in public places and, in the event of serious injury or death, have an effective independent judicial system to ensure the availability of remedies capable of fact-finding, prosecution and punishment the perpetrators and to ensure adequate compensation for the victims.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Ivica Josifovik
Date Deposited:	31 Jan 2023 09:30
Last Modified:	31 Jan 2023 09:30
URI:	https://eprints.ugd.edu.mk/id/eprint/31058

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