Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR

2 Inter-American and European Human Rights Journal 470

Posted: 5 May 2017

See all articles by Hannah Russell

Hannah Russell

The Arab Center for Human Rights in the Golan Heights (AL-MARSAD); Independent

Date Written: 2016

Abstract

In 2012 the Parliamentary Assembly of the Council of Europe encouraged Member States of the Council of Europe (CoE) to “consider launching the process of drawing up a European convention for the protection of all persons from enforced disappearance, based on the achievement of the UN Convention”. This article considers the plausibility of such a convention being created in the current political climate, with regard to the resource challenges and structural complexities that exist. It also assesses the existing protections under the International Convention on Enforced Disappearances 2006 and the European Convention on Human Rights (ECHR), and what the benefits of a European-specific convention would be. It finds that a European convention on enforced disappearances is required. It also concludes that Article 2 of the ECHR has a key role to play in challenging enforced disappearances, with or without the proposed convention. It considers how Article 2’s potential has not always been realised by the ECtHR and why issues remain in relation to the Court’s consideration of operations planning and domestic laws regarding enforced disappearances. Nevertheless, it argues that there have been significant and welcomed developments in making the duty to investigate and the requisite standard of proof more accommodating for allegations of enforced disappearances. It concludes that Article 2 offers veiled protection against enforced disappearances in the absence of a European convention and that it would provide valuable support to such a convention post-creation.

Keywords: Enforced Disappearances, European Convention on Human Rights, International Convention on Enforced Disappearances, Right to life

JEL Classification: K33

Suggested Citation

Russell, Hannah and Russell, Hannah, Striving for 'Never Again': A European Convention for the Protection of All Persons from Enforced Disappearances and the Veiled Protection of Article 2 of the ECHR (2016). 2 Inter-American and European Human Rights Journal 470, Available at SSRN: https://ssrn.com/abstract=2962961

The Arab Center for Human Rights in the Golan Heights (AL-MARSAD) ( email )

P.O. Box 9
Majdal Shams
Golan Heights, 12438
Israel

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