reason of any life-endangering circumstances, the status of those involved
in bringing about such circumstances, and whether the acts or omissions
attributable to them were deliberate are merely factors among others that
must be taken into account in the examination of the merits of a particular
case, with a view to determining the responsibility the State may bear
under Article 2.
The Court concluded that:
the applicant’s complaint … undoubtedly falls within the ambit of the first
sentence of Article 2.
It emphasized (at para 89) that:
The positive obligation to take all appropriate steps to safeguard life for the
purposes of Article 2 … entails above all a primary duty on the State to put
in place a legislative and administrative framework designed to provide
effective deterrence against threats to the right to life
Of particular relevance in this context, given the evidence, referred to in the Petition,
that some of the carbon majors have supported the dissemination of deliberate
misinformation regarding the risks from anthropogenic greenhouse gases, is the
Court’s finding on the importance of accurate information (para. 90 and para. 108):
Among these preventive measures, particular emphasis should be placed
on the public’s right to information, as established in the case-law of the
Convention institutions.
The Court will next assess the weight to be attached to the issue of respect
for the public’s right to information ... It observes in this connection that
the Government have not shown that any measures were taken in the
instant case to provide the inhabitants of the Ümraniye slums with
information enabling them to assess the risks they might run as a result of
the choices they had made. In any event, the Court considers that in the
absence of more practical measures to avoid the risks to the lives of the
inhabitants of the Ümraniye slums, even the fact of having respected the
right to information would not have been sufficient to absolve the State of
its responsibilities.
The Court notes the importance of effective deterrence against violations of the
right to life (para. 91):
The obligations deriving from Article 2 do not end there. Where lives have
been lost in circumstances potentially engaging the responsibility of the
State, that provision entails a duty for the State to ensure, by all means at
its disposal, an adequate response – judicial or otherwise – so that the
legislative and administrative framework set up to protect the right to life is
properly implemented and any breaches of that right are repressed and
punished …
23
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