ПРАВО НА ЖИВОТ КАО ИЗАЗОВ ЕФИКАСНЕ СУДСКЕ ЗАШТИТЕ
THE RIGHT TO LIFE AS A CHALLENGE TO EFFECTIVE COURT PROTECTION

Summary/Abstract: Life is the most important human value, and the right to life is the most important human right. It is fully realized from the moment of birth until the moment of death of a person. In this sense, all legal documents that proclaim the rights of citizens, that is, human rights, define and confirm this right.The right to life, protected under Article 2 of the ECHR, Protocol No. 6 on the abolition of the death penalty in peacetime, and Protocol No. 13 on the abolition of the death penalty in all circumstances, is one of the fundamental rights guaranteed under this Convention. Violation of this right is considered the most serious violation of this Convention. This right is also protected under Article II(3)(a) of the Constitution of BiH, and the Constitutional Court often has the opportunity to consider appeals related to the violation of this right.Although the right to life is one of the fundamental human rights, it is violated every day, and human lives are extinguished not by natural means, but by violence and force, most often by other people. On the other hand, noone can be arbitrarily deprived of life.In order to protect the right to life, the contracting States of the European Convention for the Protection of Human Rights and Fundamental Freedoms are obliged to protect everyone under their jurisdiction from deprivation of life. At the same time, States are obliged to undertake various preventive measures so that the deprivation of life does not occur, and in case that it does occur - they are obliged to undertake a number of protective measures that include material and procedural aspects. In Bosnia and Herzegovina, the protection of this right rests with the criminal prosecution authorities: the police, the prosecutor’s office and ordinary courts.

• Details
• Contents