LA NOTION DU DROIT A’LA VIE SELON L’OPTIQUE DE LA CONVENTION EUROPEENNE DES DROITS DE L’HOMME ET LE CHAMP D’APPLICATION DE L’ARTCLE 2 DE LA CEDH

Kristina Jance ()
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Kristina Jance: Public University of Tirana, Faculty of Law, Department of Public Law, PHD Candidate, Albania.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2010, vol. 42, 68-81

Abstract: Europe, an ambiguous word. Europe with its geographical meaning or the political Europe; the Europe of the European Council or the European Union? The truth is that present-days Europe has gone beyond its geographical meaning and left instead the political Europe. There is a union of values. This vision of Europe has been and still is the objective of the two major organizations: the Council of Europe, later on of the European Union, which has individually created its “own Europe” with several common elements. Why is the right to life at the centre of our study? This represents an important part of human rights and constitutes itself as a nucleus of these rights. They are called fundamental rights, are applicable to all people, under any circumstances and in any location: they cannot be subjected to any limitations or restrictions. Article 2, integrated among the most important articles of the European Convention consecrates one of the essential values of the democratic societies. This paper analyses the area of application of Article 2 of the European Convention and some aspects of the right to life and its application that have proved problematic, such as the abortion issue or the involuntary death. This paper is trying to clarify these dilemmas and to determine whether they fall under the application of Article 2 of the Convention.

Keywords: right to life; ratione materiae; ratione personae; accidental deaths; euthanasia; abortion. (search for similar items in EconPapers)
JEL-codes: K00 K10 (search for similar items in EconPapers)
Date: 2010
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