Article 2 - Right to life
All Updates
Cases selected for updating the Case-Law Guide.
Hasani v. Sweden, no. 35950/20
Alleged failure to protect the life of an Afghan asylum seeker, suffering from visual impairment and mental health problems, who committed suicide after the refusal of his request when living in assisted accommodation provided by the authorities.
Judgment
Fraisse and Others v. France, nos. 22525/21 and 47626/21
Death of a student as a result of the explosion of a stun grenade launched by a gendarme in the context of a law-enforcement operation during violent clashes between protesters opposed to the construction of a dam and mobile gendarmes forces.
Judgment
Cannavacciuolo and Others v. Italy, nos. 51567/14 and 3 others
Failure of the domestic authorities to take appropriate measures to protect the applicants’ lives from environmental hazards caused by systematic, decade-long, widespread and large-scale pollution due to illegal dumping of hazardous waste, often carried out by criminal organised groups.
Judgment | Legal Summary
Ghaoui v. France, no. 41208/21
Applicant left paraplegic as a result of a shot fired at his car by a police officer while driving away to evade questioning.
Judgment | Legal Summary
A.P. v. Austria, no. 1718/21
Death of the applicant’s son during a “heat march” while performing compulsory military service.
Judgment | Legal Summary
Bagirova v. Azerbaijan, no. 9375/20
Killing of the applicant’s brother during an operation conducted by law enforcement authorities and serious shortcomings in the investigation.
Judgment
Ukraine v. Russia (re Crimea) [GC], nos. 20958/14 and 38334/18
Administrative practices in Crimea resulting in multiple human rights violations.
Judgment | Legal Summary
T.V. v. Croatia, no. 47909/19
Death of the applicant’s partner, who had a history of mental health problems, during a police intervention in which he was kept in a prone position.
Judgment
Huci v. Romania, no. 55009/20
Death of the applicants’ relative in a crash of an uncertified small ultralight motorised airplane during a test flight.
Judgment
Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20
Lack of sufficient action to mitigate effects of climate change – complaints brought by a Swiss association of older women concerned about the consequences of global warming on their living conditions and health, as well as four individual women.
Judgment | Legal Summary
Alkhatib and Others v. Greece, no. 3566/16
Death of the applicant’s relative, who was travelling in a boat with a view to illegally entering Greece, as a result of several shots fired by the coast guard.
Judgment
V v. the Czech Republic, no. 26074/18
Respondent State’s failures due to a psychiatric hospital patient dying following his repeated tasing by the police and the administration of a tranquiliser by a nurse.
Judgment | Legal Summary
Erdal Muhammet Arslan and Others v. Türkiye, no. 42749/19
Effective remedy and appropriate jurisdictional response offered to the applicants in relation to the death of their relative buried under the rubble of a hotel following a destructive earthquake.
Judgment
Nika v. Albania, no. 1049/17
Unjustified use of lethal force by State agents during a political protest resulting in the death of applicants’ relative from a gunshot wound and ineffectiveness of the ensuing investigation.
Judgment | Legal Summary
Durdaj and Others v. Albania, nos. 63543/09 and 3 others
Effectiveness of the investigation and ensuing criminal proceedings into the explosion at the Gërdec weapon decommissioning facility resulting in deaths and grievous bodily injuries.
Judgment | Legal Summary
Dimaksyan v. Armenia, no. 29906/14
Death of the applicant’s son during his compulsory military service following an accidental shooting by a fellow conscript.
Judgment
Hovhannisyan and Karapetyan v. Armenia, no. 67351/13
Failure to take measures to protect the life of two conscripts killed in a shooting incident during their compulsory military service by a fellow conscript with a criminal record.
Judgment | Legal Summary
Ainis and Others v. Italy, no. 2264/12
Authorities’ failure to protect the life of the applicants’ relative who died of a drug overdose while in police custody.
Judgment
Nemtsova v. Russia, no. 43146/15
Ineffective investigation into the contract killing of a prominent politician and opposition leader.
Judgment
Pitsiladi and Vasilellis v. Greece, nos. 5049/14 and 5122/14
Statutory impossibility for parents to access donations collected to fund medical treatment abroad for their child, who later died. Applicability and merits.
Judgment | Legal Summary
Daraibou v. Croatia, no. 84523/17
Life-threatening fire in police station detention centre.
Judgment
Mortier v. Belgium, no. 78017/17
Death by euthanasia of applicant’s mother without him being informed.
Judgment | Legal Summary
Pârvu v. Romania, no. 13326/18
Use of force during police operation where individual, wrongly identified as dangerous fugitive, was fatally shot.
Judgment | Legal Summary
Traskunova v. Russia, no. 21648/11
Death of participant in clinical trial of new medicinal product.
Judgment | Legal Summary
Tagiyeva v. Azerbaijan, no. 72611/14
Well-known writer subject of a religious fatwa and fatally stabbed by unknown person; lack of the necessary involvement of the deceased person’s family.
Judgment | Legal Summary
Stoyanova v. Bulgaria, no. 56070/18
Homophobic motives underlying a murder not constituting a statutory aggravating factor and having no measurable effect on sentencing.
Judgment | Legal Summary
Landi v. Italy, no. 10929/19
Domestic violence leading to attempted murder by partner and murder of one-year-old son.
Judgment | Legal Summary
Y and Others v. Bulgaria, no. 9077/18
Failure to protect victim of marital murder in the context of domestic violence.
Judgment | Legal Summary
Gonçalves Monteiro v. Portugal, no. 65666/16
Disappearance of an 18-year-old woman with schizophrenia and suicidal tendencies. Applicability and merits.
Judgment | Legal Summary
Tunç v. Turkey (dec.), no. 45801/19
Disappearance and adequate reaction of the competent State's authorities.
Decision
A and B v. Georgia, no. 73975/16
Domestic violence culminating in murder by a police officer.
Judgment | Legal Summary
Derenik Mkrtchyan and Gayane Mkrtchyan v. Armenia, no. 69736/12
Death at school of pupil with health vulnerability in the aftermath of his beating by other pupils.
Judgment | Legal Summary
Carter v. Russia, no. 20914/07
Targeted killing of a political defector and dissident abroad.
Judgment | Legal Summary
Estemirova v. Russia, no. 42705/11
Abduction and murder of a human rights activist and entire investigation file not submitted by the respondent Government.
Judgment
Tkhelidze v. Georgia, no. 33056/17
Domestic violence resulting in murder by former partner.
Judgment | Legal Summary
Kurt v. Austria [GC], no. 62903/15
Scope and content of the Osman States' positive operational obligation in the context of domestic violence and child’s murder by father.
Judgment | Legal Summary
Lapshin v. Azerbaijan, no. 13527/18
Prison incident putting the applicant’s life at risk by allegedly a strangulation attempt/suicide attempt. Applicability and merits.
Judgment
Bişar Ayhan and Others v. Turkey, nos. 42329/11 and 47319/11
Use of force and States' borders control.
Judgment
Penati v. Italy, no. 44166/15
Criminal proceedings concerning the killing of a child during a meeting with his father organised by the social authorities.
Judgment | Legal Summary
Parfitt v. the United Kingdom (dec.), no. 18533/21
Withdrawal of life-sustaining treatment from a child in a persistent vegetative state.
Decision | Legal Summary
Scripnic v. the Republic of Moldova, no. 63789/13
Adequate compensation after the death of a newborn child caused by medical negligence.
Judgment
Ribcheva and Others v. Bulgaria, nos. 37801/16 and 2 others
Death of a law-enforcement officer at the hands of a dangerous individual during police-planned operation.
Judgment | Legal Summary
Smiljanić v. Croatia, no. 35983/14
Functioning of road traffic safety regulatory framework to address repeated and habitual unlawful conduct by a person who eventually caused a fatal road collision.
Judgment | Legal Summary
Hanan v. Germany [GC], no. 4871/16
Investigation into deaths of civilians due to an airstrike in Afghanistan ordered by a German Colonel acting in a multinational military operation mandated by the United Nations Security Council.
Judgment | Legal Summary
Georgia v. Russia (II) [GC], no. 38263/08
Administrative practice. Procedural obligation to investigate during the active phase of the hostilities and after their cessation.
Judgment | Legal Summary
Yukhymovych v. Ukraine, no. 11464/12
Fatal shooting of applicant’s son during arrest attempt by the police and different accounts of the circumstances of the death.
Judgment
Kotilainen and Others v. Finland, no. 62439/12
No preventive confiscation of gun from student whose Internet postings prior to committing school killings, while not containing specific threats, cast doubt on his fitness to safely possess firearm.
Judgment | Legal Summary
Tërshana v. Albania, no. 48756/14
Thorough investigation required following an acid attack against a woman in the street.
Judgment | Legal Summary