McCann and Others v. the United Kingdom AND POSITIVE OBLIGATIONS PERTAINING TO THE PLANNING AND CONTROL OF THE OPERATIONS OF LAW ENFORCEMENT IN LINE WITH ARTICLE 2 OF THE ECHR Cover Image

SLUČAJ McCann and Others v. the United Kingdom I POZITIVNE OBAVEZE U VEZI SA PLANIRANJEM I KONTROLISANJEM OPERACIJA ORGANA BEZBEDNOSTI U SKLADU SA čl. 2. EKLJP
McCann and Others v. the United Kingdom AND POSITIVE OBLIGATIONS PERTAINING TO THE PLANNING AND CONTROL OF THE OPERATIONS OF LAW ENFORCEMENT IN LINE WITH ARTICLE 2 OF THE ECHR

Author(s): Darija Martinov
Subject(s): Law, Constitution, Jurisprudence
Published by: Advokatska komora Vojvodine
Keywords: European Convention on Human Rights; positive obligations; right to life; planning and control of operations

Summary/Abstract: Positive obligations are obligations of the Member States of the European Convention for the Protection of Human Rights and Fundamental Freedoms to take active steps to protect the rights guaranteed by this Convention. When it comes to the protection of the right to life, as one of the basic human rights, the case of McCann and Others v. the United Kingdom set a precedent and established new obligations for States party to the Convention when it comes to planning and conducting law enforcement operations. The manner in which these obligations were established, their scope and content, as well as the comments from jurisprudence and practitioners on this innovative judgment, are the subject of the analysis of this paper.

  • Issue Year: 81/2021
  • Issue No: 3
  • Page Range: 665-699
  • Page Count: 35
  • Language: English, Serbian