Asserting the Right to Life (Article 2, ECHR) in the Context of Industry

German Law Journal, Vol. 8, No. 3, pp. 231-254, March 2007

24 Pages Posted: 28 Oct 2011

See all articles by Dimitris Xenos

Dimitris Xenos

Cardiff Metropolitan University

Date Written: March 1, 2007

Abstract

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.

Keywords: Right to Life, Industries, Dangerous Activities, Environment, Positive Obligations

JEL Classification: K32, K33, L50, L52

Suggested Citation

Xenos, Dimitris, Asserting the Right to Life (Article 2, ECHR) in the Context of Industry (March 1, 2007). German Law Journal, Vol. 8, No. 3, pp. 231-254, March 2007 , Available at SSRN: https://ssrn.com/abstract=1950401

Dimitris Xenos (Contact Author)

Cardiff Metropolitan University ( email )

Cardiff School of Management
Llandaff Campus, Western Avenue
Cardiff, CF5 2YB
United Kingdom

HOME PAGE: http://cardiffmet.ac.uk/management/Pages/default.aspx

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