Abstract
What is the relationship between the right to life and criminal liability, and what should it be, given the significance we rightly attribute both to human life and to human freedom? This article explores the circumstances in which the European Court of Human Rights imposes a positive obligation to criminalise and pursue criminal forms of redress, and concludes that the Court’s doctrine carries the potential of both coercive overreach and dilution of the right to life itself. These problems are compounded by opacity in the Court’s doctrine. I propose a way forward that takes both the right to life and human freedom seriously.
| Original language | English |
|---|---|
| Pages (from-to) | 1026–1051 |
| Journal | Modern Law Review |
| Volume | 80 |
| Issue number | 6 |
| DOIs | |
| Publication status | Published - 20 Nov 2017 |
Keywords
- human rights law
- criminalisation
- redress
- right to life
- Da Silva v UK
- rule of law
ASJC Scopus subject areas
- Law
Access to Document
- Taking Life and Liberty Seriously with corrections 22 5 17
Checked for eligibility: 07/06/2017 "This is the peer reviewed version of the following article: Mavronicola, N. (2017), Taking Life and Liberty Seriously: Reconsidering Criminal Liability Under Article 2 of the ECHR. The Modern Law Review, 80: 1026–1051, which has been published in final form at: http://dx.doi.org/10.1111/1468-2230.12301. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving."