Next >

Assisted Suicide and the European Convention on Human Rights

End-of-life practices in England and Wales Assisting and encouraging suicide Palliative sedation and passive euthanasia Assisted suicide and euthanasia: a global perspective Legally permissive jurisdictions Assisted suicide and rights jurisprudence Assisted suicide vis-a-vis other end-of-life practices Conclusion Notes Protecting life and assisting death: Is not allowing assisted dying a violation of the right to life?Does the blanket ban engage the right to life?The State’s general positive obligation to protect life Does the blanket ban violate the State’s operational obligation under Article 2?Rectifying the incompatibility Conclusion Notes Freedom from torture or inhuman or degrading treatment: Does the prohibition on assisted suicide violate Article 3?Does the blanket ban constitute ‘treatment’ under Article 3?The minimum level of severity General principles Torture, inhuman, or degrading treatment: does the blanket ban reach the minimum threshold?The minimum level of severity - specific cases The positive obligation to protect Rectifying the incompatibility Conclusion Notes The right to choose the manner and timing of one’s death: A re-examination of the ban’s proportionality Justifying an interference: the Article 8(2) requirements ‘In accordance with the law’Prosecutions under s 2, Suicide Act 1961 Legality and Article 8(2): the utility of the post-Purdy ‘Legitimate aim’Conway and the blanket ban’s legitimate aim(s)‘Necessary in a democratic society’Section 2 of the Suicide Act and the domestic proportionality test Rectifying the incompatibility: assisted suicide and euthanasia?Conclusion Notes Justifying the blanket ban on assisted suicide: Considering the empirical evidence The applicability of Carter The rights and analyses in issue The evidence before the courts The evidence before the Conway Divisional High Court The ‘beneficiaries’ of the Carter decision The material findings in Carter Protecting vulnerable individuals Protecting the doctor/patient relationship Protecting the sanctity of life Subsequent data Protecting the vulnerable Conclusions on the evidence concerning vulnerable individuals Protecting the doctor/patient relationship Protecting sanctity of life Conclusion Notes Differential treatment of end-of-life practices: Discrimination under Article 14 of the ECHR?Discrimination The legal definition of‘suicide’ in England and Wales The common law prohibition on suicide ‘Suicide’ and the CJA: the meaning of ‘suicide’Suicide and intention CRIMINAL LAW CONCEPTUALISATIONS OF INTENTION IN ENGLAND AND WALES SUICIDE, INTENTION, AND COMPETENCE SUICIDE AND INTENTION: CONCLUSIONS Suicide and causation CAUSATION IN SUICIDE CONCLUSIONS CRIMINAL LAW CONCEPTUALISATIONS OF CAUSATION ACTS CAUSATIVE OF DEATH Summary ‘Suicide’ and withdrawal/refusal of treatment: a re-examination of the legal classification of assisted dying Assisted dying and suicide: some conclusions Differential treatment of ‘suicide’: implications for Article 14 Conclusion Rectifying the incompatibility Notes

Next >

Does the European Convention on Human Rights guarantee a right to freedom ‘from’ religion?: A theoretical and comparative analysis
Gerhard van der Schyff Setting the scene The protection of fundamental rights has become a cornerstone of modern-day liberal democracy. Constitutions today often start by enumerating the rights that they seek to affirm and protect before paying attention to questions of institutional design and competence...
(Law, Religion, and Freedom: Conceptualizing a Common Right)
The European Convention on Human Rights (ECHR) and Fundamental Freedoms 1950
The UNCRC has as a guiding principle on the best interests of the child. The ECHR, on the other hand, protects every citizen’s right to respect for private and family life (Article 8). Under this article the child’s interests are protected and the right to parental care is an integral part of respect...
(Parental Imprisonment and Children’s Rights)
Bail and the European Convention on Human Rights
Article 5 of the European Convention on Human Rights (‘ECHR’) provides that ‘everyone has the right to liberty’ and states that no one should be deprived of their liberty save in the six sets of circumstances specified in Art.5(l)(a) to (f): lai the lawful detention of a person after conviction...
(Criminal Procedure and Sentencing)
A Bulwark of Boundaries? The European Convention on Human Rights
Not only is perhaps the sense of belonging to a common Europe fading; the normative effect of European rights and freedoms may also be on the decline. Formally, the rights and freedoms of the Convention for the Protection of Human Rights and Fundamental Freedoms—better known as the European Convention...
(Migration, Identity, and Belonging: Defining Borders and Boundaries of the Homeland)
The European Convention on Human Rights
The ECHR protects only civil and political rights based on the ideal of a ‘democratic society.’ Democracy is the only political model compatible with the Convention. This political idea of European democracy must respect legal guarantees such as the absence of violence, the protection of liberty,...
(Hate Speech and Human Rights in Eastern Europe: Legislating for Divergent Values)
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
Having reviewed the various responses to female genital mutilation provided by the United Nations system, it is time to look at the regional sources of international law. The ECHR is of particular relevance because it is invoked in many instances of asylum claims based on female genital mutilation. Women...
(Honour Based Crimes and the Law: Defining the Limits of Honour Based Violence and Abuse)
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
Among the regional sources of international human rights law that can apply in cases of forced marriage, the ECHR is a key document. There is no doubt that forced marriage violates individuals’ basic human rights. Forced marriage is against an individual’s right to self-determination and contravenes...
(Honour Based Crimes and the Law: Defining the Limits of Honour Based Violence and Abuse)
European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
In a series of asylum and subsidiary protection cases, the decisions made by the European Court of Human Rights and by the relevant national authorities on issues relating to the risk of honour based violence and around internal relocation alternatives seem controversial. The case of DNMf1 brought...
(Honour Based Crimes and the Law: Defining the Limits of Honour Based Violence and Abuse)
The European Union and Human Rights
The European Union conceives all human rights—encompassing civil, political, economic, social, and cultural rights—as universal, indivisible, and interdependent. These principles underpin all aspects of the internal and external policies of the European Union (EU) since, in its view, sustainable...
(Partnerships in International Policy-Making: Civil Society and Public Institutions in European and Global Affairs)
Admissibility of the Application by Vlastimir and Borka Bankovic, Zivana Stojanovic, Mirjana Stoimenovski, Dragana Koksimovic, and Dragan Sukovic against Belgium, the Czech Republic, Denmark, France, Germany, Greece, Hungary, Iceland, Italy, Luxembourg, The Netherlands, Norway, Poland, Portugal, Spain, Turkey, and the United Kingdom, European Court of Human Rights, Grand Chamber Decision, [2001]
Tullio Scovazzi Relevance of the case The decision in the Bankovic case, Bankovic and others v Belgium and others, Admissibility, App. No. 52207/99, ECHR 2001-XII. SeeHappold, ‘Bankovic v Belgium and the Territorial Scope of the European Convention on Human Rights’,(2003)...
(Judicial decisions on the law of international organizations)