CASE STUDIES AGAINST THE REPUBLIC OF MACEDONIA IN RELATION TO ARTICLE 2 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

Abstract

The purpose of this paper is to present Article 2 of the European Convention on Human Rights (ECHR)
and its significance in determining its violation before the European Court of Human Rights (ECHR). The paper
first explains the general features of Article 2, its scope and its application, as it is considered a non-derogable right.
Article 2 is a fundamental value in any democratic society. The norm from Article 2 of the ECHR, first of all, is
formed positively, in the sense of a comprehensive obligation of the state to protect human life. It also contains a
prohibition on the intentional killing of people, except in connection with deaths resulting from lawful military
action. Although not expressly stated in Article 2, the prohibition of deprivation of life applies not only to
intentional but also to unintentional acts or omissions. From the negative wording that "no one may be deprived of
his life intentionally", it is clear that the norm refers to the prohibition of state authorities to arbitrarily take the life
of any individual. Deprivation of life is therefore subject to careful investigation by the ECtHR. However, this
formulation does not imply a negative freedom of the individual to take his own life. Unlike other ECHR rights, the
right to life is the only right that a person does not decide for himself, just as he does not decide his birth. The paper
further elaborates on the application of Article 2 in relation to the use of excessive police force, death in custody,
victims of crime and in other cases and circumstances. The main segment of the paper is to provide an explanation
of the judgments made by the ECHR in cases filed against the Republic of Macedonia and how In conclusion, the
authors present their own results regarding compliance with Article 2 and future challenges that may be faced by the
law enforcement authorities in the application of Article 2 of the ECHR. States must take appropriate steps to protect
the lives of those within their jurisdiction and must establish a legislative and administrative framework designed to
ensure effective prevention; must exercise the utmost care and define the limited circumstances in which police
officers may use firearms; must take reasonable measures to ensure the safety of individuals in public places and, in
the event of serious injury or death, have an effective independent judicial system to ensure the availability of
remedies capable of fact-finding, prosecution and punishment the perpetrators and to ensure adequate compensation
for the victims.