Retour Lawyers of Bar Association strengthen understanding of the right to life

Lawyers of Bar Association strengthen understanding of the right to life

The right to life, protected under Article 2 of the European Convention on Human Rights (ECHR), is one of the most fundamental rights guaranteed by the Convention. Together with Article 3, prohibition of torture, it enshrines one of the basic values of the democratic societies making up the Council of Europe.

To strengthen the capacity of legal professionals to apply Article 2 standards in practice, the project organised a dedicated training on the right to life, focusing on the case law of the European Court of Human Rights (ECtHR) and the Constitutional Court of Kosovo*[1]. The activity brought together 44 lawyers from the Pristina branch of the Bar Association.

The training examined the scope of protection afforded by the right to life and the circumstances in which Article 2 applies. Participants explored the different dimensions of States’ obligations, including the negative obligation to refrain from unlawful deprivation of life, positive obligations to take appropriate measures to safeguard life, and procedural obligations to ensure an effective official response and investigation where required.

Particular attention was given to the protection of life in the context of the use of force by State authorities. Participants examined the strict standards applicable to the use of potentially lethal force, including the principles of absolute necessity, legality and proportionality. The discussion also highlighted the relevance of the planning, organisation and control of law-enforcement operations when assessing compliance with Article 2, rather than focusing solely on the conduct of an individual officer at the moment force was used.

The practical application of these standards was explored through the analysis of relevant judgments of the European Court of Human Rights and the Constitutional Court of Kosovo*. Participants examined how the Court’s principles concerning negative, positive and procedural obligations apply to concrete factual circumstances. Practical hypothetical cases further enabled participants to identify the type of State obligation engaged and determine the relevant Article 2 standards.

Through a combination of expert presentations, case-law analysis and practical exercises, the training strengthened participants’ ability to identify potential issues involving right to life and apply relevant Convention standards in their professional practice. It also enhanced their understanding of the relationship between substantive protection of the right to life, preventive measures and the State’s procedural duty to investigate potentially unlawful deaths or serious threats to life.

Building on the regional approach of the project, further trainings on the right to life will be organised for lawyers from the other branches of the Bar Association. The next training is scheduled for 3 October 2026 in Prizren.


 

Pristina 19 September 2026
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* All references to Kosovo, whether the territory, institutions or population, in this text shall be understood in full compliance with United Nations' Security Council Resolution 1244 and without prejudice to the status of Kosovo.