@article{ref1,
title="Does Article 2 of the European Convention on Human Rights prescribe an absolute prohibition of the death penalty? The impact of recent practice of European Court of Human Rights",
journal="TEME journal for social sciences",
year="2020",
author="Ilić, Ivan B. and Knežević, Saša Sava",
volume="44",
number="2",
pages="607-620",
abstract="In paragraph 1 of Article 2 of the European Convention on Human Rights (ECHR), the imposition of the death penalty is permitted, as a departure from the right to life. In the last decades there has been a tendency for the absolute abolition of the death penalty, in times of war and peace. As a result of this effort, almost all European countries abolished the death penalty. In addition, the Council of Europe adopted Protocol 6 and Protocol 13, which completely abolished the death penalty. The European Court also, in its practice, using the principle of &quot;convention as a living instrument&quot;, has changed its approach to the scope of the ban on the application of the death penalty. The authors deal with a critical interpretation of the case-law of the European Court of Human Rights, trying to answer the question, of whether there has been an abrogation of the provision of paragraph 1 of Article 2, so that according to that provision, there is an absolute ban on the application of the death penalty in the Council of Europe member states.<p /> <p>Language: en</p>",
language="en",
issn="0353-7919",
doi="10.22190/TEME190205042I",
url="http://dx.doi.org/10.22190/TEME190205042I"
}