Beyond the Right to Life: The Right to Live in Dignity in the European Convention on Human Rights
(2016) JAMM04 20161Department of Law
- Abstract
- The right to life includes a right to live in dignity, a right to a dignified existence under the Inter-American Court of Human Rights, that requires the realisation of certain socio-economic and cultural rights. The European Court of Human Rights however, does not employ the same approach. Even though it does accept the interpretation of socio-economic rights in the context of the rights protected by the European Convention of Human Rights, albeit it does not read Article 2 of the Convention through these rights.
This thesis examines whether such an interpretation is possible. Going through the relevant jurisprudence of the Inter-American Court, a definition is reached on what the right to life in dignity is in the Inter-American... (More) - The right to life includes a right to live in dignity, a right to a dignified existence under the Inter-American Court of Human Rights, that requires the realisation of certain socio-economic and cultural rights. The European Court of Human Rights however, does not employ the same approach. Even though it does accept the interpretation of socio-economic rights in the context of the rights protected by the European Convention of Human Rights, albeit it does not read Article 2 of the Convention through these rights.
This thesis examines whether such an interpretation is possible. Going through the relevant jurisprudence of the Inter-American Court, a definition is reached on what the right to life in dignity is in the Inter-American context. Having taken that as a basis, the European aspect is examined, in relation to the right to life (Article 2), the prohibition of torture, degrading and inhuman treatment (Article 3) and the right to family and private life (Article 8). It is concluded that indeed, following the European Court’s interpretative practice, the right to life can be interpreted as a right to life in dignity when interpreted under the light of Articles 3 and 8. However, such a development seems unlikely in the current state of things. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8886504
- author
- Hnitidou, Katerina LU
- supervisor
- organization
- course
- JAMM04 20161
- year
- 2016
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 8886504
- date added to LUP
- 2016-07-11 13:01:52
- date last changed
- 2016-07-11 13:01:52
@misc{8886504,
abstract = {{The right to life includes a right to live in dignity, a right to a dignified existence under the Inter-American Court of Human Rights, that requires the realisation of certain socio-economic and cultural rights. The European Court of Human Rights however, does not employ the same approach. Even though it does accept the interpretation of socio-economic rights in the context of the rights protected by the European Convention of Human Rights, albeit it does not read Article 2 of the Convention through these rights.
This thesis examines whether such an interpretation is possible. Going through the relevant jurisprudence of the Inter-American Court, a definition is reached on what the right to life in dignity is in the Inter-American context. Having taken that as a basis, the European aspect is examined, in relation to the right to life (Article 2), the prohibition of torture, degrading and inhuman treatment (Article 3) and the right to family and private life (Article 8). It is concluded that indeed, following the European Court’s interpretative practice, the right to life can be interpreted as a right to life in dignity when interpreted under the light of Articles 3 and 8. However, such a development seems unlikely in the current state of things.}},
author = {{Hnitidou, Katerina}},
language = {{eng}},
note = {{Student Paper}},
title = {{Beyond the Right to Life: The Right to Live in Dignity in the European Convention on Human Rights}},
year = {{2016}},
}