The project continued its capacity-building programme on Article 2 of the European Convention on Human Rights, protecting the right to life. A recent training brought together 60 lawyers from the Prizren regional branch of the Bar Association, deepening their understanding of relevant European human rights standards and how to apply them in domestic practice.

The training provided a comprehensive overview of the scope and requirements of Article 2, combining the standards developed under the Convention with relevant case law of the European Court of Human Rights and the Constitutional Court of Kosovo[1]. As one of the most fundamental provisions of the Convention, Article 2 protects everyone's right to life and imposes a range of obligations on States to prevent unlawful loss of life and ensure effective protection.

Particular attention was given to the distinction between the State's negative obligation not to unlawfully take life and its positive obligation to take appropriate measures to protect individuals whose lives are at risk. Participants examined the so-called “Osman test”, under which authorities must take reasonable preventive and operational measures where they knew or ought to have known of a real and immediate risk to the life of an identified person.

Through practical examples and case-law analysis, lawyers explored how these positive obligations may arise in a range of situations, including domestic violence, criminal acts by third parties, suicide and self-harm, dangerous activities, environmental and industrial hazards, road and workplace accidents, inadequate medical or emergency care, and risks faced by persons deprived of their liberty.

The training also examined the procedural obligation under Article 2 to carry out an effective investigation where a person has died or where there are credible allegations of potentially unlawful deprivation of life. Participants considered the requirements that such investigations be independent, thorough and rigorous, capable of establishing the circumstances of the death and identifying those responsible, while ensuring appropriate participation of the victim's relatives. The training also highlighted that an effective investigation does not necessarily require a criminal conviction where the available evidence does not establish criminal responsibility.

The discussion drew on landmark judgments of the European Court of Human Rights, including McCann and Others v. the United Kingdom, Osman v. the United Kingdom, Branko Tomašić and Others v. Croatia, Öneryıldız v. Türkiye, Renolde v. France, Durdaj and Others v. Albania, and Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. Participants also examined sensitive and evolving issues under Article 2, including the beginning and end of life, medical treatment and withdrawal of life-sustaining treatment, disappearances of persons in State custody, and risks associated with climate change.

Relevant case law of the Constitutional Court of Kosovo* was also discussed, including the cases concerning domestic violence and the State's positive obligation to protect life, as well as more recent cases concerning medical treatment and fatal workplace accidents. These cases illustrate the interaction between Article 25 of the Kosovo* Constitution, guaranteeing the right to life, Article 2 of the Convention and the jurisprudence of the Constitutional Court.

The training emphasised that protecting the right to life requires more than refraining from unlawful deprivation of life. It requires public authorities to maintain an effective legal and institutional framework, take reasonable preventive measures when a real and immediate risk is known or ought to be known, and ensure effective investigations when life is lost or potentially unlawfully endangered. Strengthening lawyers' ability to identify and invoke these standards contributes to more effective protection of the right to life and greater alignment of domestic practice with European human rights standards.