The doctrine of positive obligations within the jurisprudence of the European Court of Human Rights concerning the right to life

Abstract

This thesis deals with the Doctrine of Positive Obligations as developed by the European Court of Human Rights within the scope of Article 2 – The Right to Life – of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The objective of this dissertation is to present an in-depth analysis of this doctrine as applied within one of the most important Human Right enshrined in the European Convention of Human Rights. This doctrine of positive obligations is tackled piecemeal, gradually dissecting its various facets from a conceptual background through to current developments and challenges. This work has been divided into five chapters each covering distinct stages of the doctrine. Chapter 1 serves as the Introduction for this work and largely deals with the conceptual and philosophical foundations of positive obligations. Chapter 2 highlights the development process, while Chapter 3 sheds light upon the principles and the areas to which Article 2 was broadened, through the development of this doctrine. Chapter 4 presents ethical-legal issues upon which the doctrine of positive obligations is still in a largely evolutionary process. This thesis concludes with Chapter 5. This chapter delves into new approaches, potentially taking positive obligations to new frontiers in human rights protection. The final section closes the discussion with a few concluding observations. The research for my thesis spanned through the relevant Jurisprudence of the European Court of Human Rights, several authoritative publications dealing with the European Convention of Human Rights, together with various articles and papers authored by professionals and professors in this field. On the recommendation of my tutor, I managed to greatly enhance my research by visiting the library of the London School of Economics in the United Kingdom. There I was able to avail myself of various publications and academic papers that were unavailable at the library of my home university. Now, I would like to invite you, the reader, to witness the fruits of my research.