The Duty to Protect the Right to Life Cover Image

The Duty to Protect the Right to Life
The Duty to Protect the Right to Life

Author(s): Tijana Šurlan
Subject(s): Human Rights and Humanitarian Law
Published by: Kriminalističko-policijski univerzitet
Keywords: the right to life; the duty to protect; UN Human Rights Committee; the European Court of Human Rights; constitutional courts

Summary/Abstract: The author analyses one aspect of the right to life - the duty to protect the right to life. That aspect is not encompassed in definitions of the right to life in clear and explicit words. However, it is elucidated through the process of interpretation by various bodies, both international and national. Explicit inclusion of this element is thoroughly analysed in General Comment No. 36 adopted by the UN Human Rights Committee and it presents the starting point for the analyses in this paper. The duty to protect the right to life has also been elaborated in specific cases before the UN Human Rights Committee, the European Court of Human Rights and constitutional courts. Several of these cases have also been analysed within this paper. The aim of the paper is to identify the scope and limits of the duty to protect the right to life.

  • Issue Year: 26/2021
  • Issue No: 2
  • Page Range: 19-30
  • Page Count: 12
  • Language: English
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