Right to Life

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Palliative Care and Assisted Suicide at the ECtHR: Dániel Karsai v. Hungary

The European Court of Human Rights (ECtHR) has reviewed several cases related to euthanasia (Gard v. UK, Lambert v. France, and Mortier v. Belgium), and assisted suicide for terminally ill persons (Pretty v. UK), incurable diseases (Koch v. Germany), psychiatric disorders (Haas v. Switzerland), and the case of a physician that disseminated suicide recipes through the internet (Lings v. Denmark). Some scholars have commented on these previous cases (see here, here, and here). In its latest case on assisted suicide (Dániel Karsai v. Hungary) the ECtHR, for the first time, considered palliative care as part of a State’s obligation to protect the right to life of vulnerable people. Also, this case reveals the continuation of a tense position that has not been clarified by the ECtHR between the scope of the positive obligation to protect the right to life and the alleged States’ obligations concerning the right to privacy in end-of-life decisions.

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Inter-generational Equity, Future Generations and Democracy in the European Court of Human Rights’ Klimaseniorinnen Decision

It was immediately evident that the European Court of Human Rights judgment in Verein  KlimaSeniorinnen v. Switzerland was groundbreaking in multiple regards and will prove fundamentally important in terms of shaping and, in many ways, advancing climate justice litigation at the European, international and domestic law levels. That decision, as well as those in…

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The Mariupol Test: Analysing the Briefs of Third States Intervening in Ukraine and the Netherlands v. Russia

The interstate case of Ukraine and the Netherlands v. Russia is currently pending on its merits before the Grand Chamber of the European Court of Human Rights. It is one of the most complex and politically momentous cases ever to be heard by the Court. Russia is no longer participating in the proceedings, and will not comply with…

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Life & Death, an Unstable Scale: The European Court of Human Rights Approach to Euthanasia in Mortier v. Belgium

On 4 October 2022, the European Court of Human Rights (“ECtHR”) issued a Chamber judgment in the case of Mortier v. Belgium. This landmark ruling is the first-ever ruling of the ECtHR on the compliance of euthanasia, once performed, with the rights protected under the European Convention of Human Rights (“ECHR”). Additionally,…

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Targeted Killings: New Allegations Against India and Ukraine

Yesterday, the Canadian prime minister, Justin Trudeau, stood up in Parliament and formally accused the government of India of committing a targeted killing on Canadian territory. The victim, Hardeep Singh Nijjar, was a prominent leader of a Sikh separatist movement in India, who was designated as a terrorist by the Indian government. He was assassinated…

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