Asserting the Right to Life (Article 2, ECHR) in the Context of Industry
University of East London
March 1, 2007
German Law Journal, Vol. 8, No. 3, pp. 231-254, March 2007
In the liberal tradition, there has always been scepticism about the state’s involvement in the activities of industry. Instead, internal measures by way of self-regulation and collective action have been preferred. In recognition of the reality that exclusive reliance on such solutions has not prevented violations of human rights, to which a high constitutional importance is attached, other arrangements have to be provided. In the system of the European Convention of Human Rights (hereinafter the Convention), positive obligations are imposed engaging the state in the active protection of human rights. The need to protect human rights against the hazards of industry has been the main issue in the case of Öneryildizv.Turkey, in which, for the first time in the jurisprudence of the European Court of Human Rights (hereinafter the Court), a claim under the right to life (Article 2 of the Convention) has successfully been asserted in the context of industry.
Number of Pages in PDF File: 24
Keywords: Right to Life, Industries, Dangerous Activities, Environment, Positive Obligations
JEL Classification: K32, K33, L50, L52Accepted Paper Series
Date posted: October 28, 2011
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo7 in 0.328 seconds