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All Journal Lentera Hukum Jurnal Mahasiswa Fakultas Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal Ilmiah Hukum LEGALITY PROGRESIF: Jurnal Hukum JHCLS Indonesian Journal of International Law Human Rights in The Global South (HRGS)
Prischa Listiningrum
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Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Brawijaya Law Journal : Journal of Legal Studies

 1 
UNRAVELING THE RIGHT TO LIFE IN CASES OF DEATHS RESULTING FROM THE ACTIONS OF STATE AGENTS UNDER THE SYSTEM OF ECHR Listiningrum, Prischa
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (114.259 KB) | DOI: 10.21776/ub.blj.2017.004.01.04

Abstract

it shall be done in a certain threshold of necessity. In particular when the taken of life is done by the agents of states. This article examines the interpretation of article 2 by the European Court of Human Rights, especially when it is read in conjunction with state’s positive obligations under article 1. The discussion will proceed in three sections: first, the review of the evolvement of the procedural requirements of article 2 in cases of deaths arising from the acts of state agents. Second, is the examination of whether the procedural requirements of article 2 can be used as a mean in securing the adequate protection of the right to life from arbitrary killing by the use of lethal force. Third, is an analysis of an effective legal system as a procedural requirement of article 2 in the case of homicide caused by the negligence of the authorities. Finally, this essay will conclude by examining the Court’s position in its endeavours to achieve an appropriate balance between not over-burdening its Member States and securing the adequate protection of the right to life.
UNRAVELING THE RIGHT TO LIFE IN CASES OF DEATHS RESULTING FROM THE ACTIONS OF STATE AGENTS UNDER THE SYSTEM OF ECHR Listiningrum, Prischa
Brawijaya Law Journal Vol. 4 No. 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2017.004.01.04

Abstract

it shall be done in a certain threshold of necessity. In particular when the taken of life is done by the agents of states. This article examines the interpretation of article 2 by the European Court of Human Rights, especially when it is read in conjunction with state's positive obligations under article 1. The discussion will proceed in three sections: first, the review of the evolvement of the procedural requirements of article 2 in cases of deaths arising from the acts of state agents. Second, is the examination of whether the procedural requirements of article 2 can be used as a mean in securing the adequate protection of the right to life from arbitrary killing by the use of lethal force. Third, is an analysis of an effective legal system as a procedural requirement of article 2 in the case of homicide caused by the negligence of the authorities. Finally, this essay will conclude by examining the Court's position in its endeavours to achieve an appropriate balance between not over-burdening its Member States and securing the adequate protection of the right to life.
Co-Authors Aan Eko Widiarto Adi Kusumaningrum Al Anwary, Muhammad Anis Zhafran Anwary, Muhammad Anis Zhafran Al Cekli Setya Pratiwi, Cekli Magistra, Muhammad Reza Maheswara, Ida Bagus Ayodya Moh. Dahlan Ria Casmi Arrsa Riana Susmayanti Rizqi Bachtiar Sherlita Nurosidah, Sherlita Siswanto, Azzahrasya Sophia Vibhu, Avanish Wahyuni, Herlin Sri