Lethal Force, the Right to Life and the ECHR: Narratives of Death and Democracy

Description

In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law’s specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2’s substantive and procedural dimensions underlines the right to life’s problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law’s narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society’s foundational distinction between acceptable force and unacceptable violence, and indicate democratic society’s essential attributes as a restrained, responsible and reflective system. Acknowledgements Brief Contents Table of Contents List of Abbreviations Table of Cases Table of Legislation 1. Introduction: From Death to Democracy I. The Right to Life, Policing and State Power II. Outline by Chapter 2. Narrative and Human Rights Law I. Narrative Analysis and its Theoretical Foundations II. Narrative and Human Rights: Sources, Processes and the ECHR 3. Lethal Force, the Right to Life and Democratic Society: Key Connections I. A Fundamental Provision and Basic Value: The Right to Life, State Power and Law II. Democratic Society as Narrative Theme: Interpretations 4. Substantive Dimensions of the Right to Life and Democratic Society I. The Importance of the Right to Life in Democratic Society II. Article 2, Democratic Society and Flexibility 5. Procedural Dimensions of the Right to Life and Democratic Society I. Effective Protection under Article 2 and Systemic Necessity II. The Duty to Investigate and its Elements 6. Purposes and Values in Right to Life Case Law on Lethal Force I. Article 2 and Democratic Society: The Rule of Law II. Article 2 and Democratic Society: Qualitative and Contextual Aspects 7. Narratives of Death and Democracy I. Lethal Force and Legal Narrative II. Article 2 Narratives and Democratic Society 8. Conclusion Bibliography Index