The right to life in the light of Article 2(1) of the European Convention

Abstract

This thesis aims at examining the scope and nature of the right to life guarantee under Article 2(1) of the European Convention with reference to similar provisions in national constitutions and international human rights instruments. It seeks to define the importance and the dimensions of the right and to determine who its subjects are. It examines the duty imposed by Article 2(1) to protect the right to life and the prohibition of intentional deprivation of life. Moreover it attempts to provide insight into two complex challenges which this right encounters, namely abortion and euthanasia. As to the former it addresses contoversial issues such as the legal protection to be granted to the foetus, the right of the woman to choose to terminate a pregnancy. It examines the conflict which arises between the right to life of the mother and that of the foetus. In so doing it provides an overview of jurisprudence of the European Commission and the European Court in a comparative study with the positions in other countries. Euthanasia and Assisted Suicide present equally controversial matters. If there is a time to live does not human dignity demand that there is also a time to die? The European Organs have not voiced their opinion on the right to die as yet. In the absence of European case law this study has entered into some arguments in favour and against euthanasia and then considered the situation in countries where legislation exists or at least attempts have been made to legalise the practice. As in the case of abortion the dilemma here cannot be answered in any general way.