The Right to Life - Prohibition of Death Penalty and Right to Life in Prison

Matić Bošković, Marina and László Gál, István (2021) The Right to Life - Prohibition of Death Penalty and Right to Life in Prison. In: Yearbook. No. 4, Human rights protection : right to life. Provincial Protector of Citizens - Ombudsman ; Institute of Criminological and Sociological Research, Novi Sad ; Belgrade, pp. 165-178. ISBN 978-86-80756-43-1

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Abstract

The right to life is non-derogable right that cannot be denied even in time of war or other public emergency threatening the life of the nation. The right to life is one of the highest social values without which all other rights and freedoms lose their significance. The European Convention of Human Rights imposes both positive obligation to protect the right to life and a negative obligation not to take life. Negative obligation includes state duty not to take life intentionally or negligently. A duty to safeguard life incorporates twofold approach, a duty to provide an effective and impartial investigation in cases of death resulting from the activities of state officials and a duty to safeguard and protect life. The author analyses both positive and negative state’s obligation. The aspect of the state’s positive obligation to protect life is assessed through protection of prisoners against killing and violence by other detainees and through the duty to offer prisoners healthcare, while the negative aspect is analyzed through the prohibition of death penalty. The author elaborates practice of the European Court of Human Rights and how interpretation of right to live progressed over time in these two specific groups of cases.

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