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Šilih v. Slovenia

European Court of Human Rights.  09 April 2009 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Treaties — Application — Principle of non-retroactivity — Article 28 of Vienna Convention on the Law of Treaties, 1969 — Slovenia ratifying European Convention on Human Rights, 1950 on 28 June 1994 — Death of son of applicants on 19 May 1993 — Applicants complaining that Convention rights breached by Slovenia due to inefficiency of Slovenian judicial system in establishing responsibility for their son’s death — Whether Court having temporal jurisdiction to deal with complaint concerning procedural aspect of Article 2 of Convention — Time of interference principle — Detachability of procedural obligations — Whether procedural obligation to carry out effective investigation under Article 2 of Convention separate and autonomous duty — Whether binding on State even if death occurred prior to date of Slovenia’s ratification of Convention — Jurisprudence of United Nations Human Rights Committee and Inter-American Court of Human Rights — Principle of legal certainty — Exhaustion of domestic remedies

Human rights — Right to life — Fundamental nature of right — Applicants’ complaint of their son’s death due to medical negligence — Applicants instituting criminal and civil proceedings in Slovenia — Procedural obligation to carry out effective investigation under Article 2 of European Convention on Human Rights, 1950 — Whether domestic authorities failing to deal with applicants’ claim with level of diligence required by Article 2 — Whether Slovenia violating Article 2 of Convention in its procedural limb

Type
Case Report
Copyright
© Cambridge University Press 2013

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