Jurisprudence of the ECtHR under Article 2 of the European Convention on Human Rights and Legal Economic Order

Abstract

It is proven in the article that the mechanism for ensuring the sustainable economic development is based, among other things, on the need to reasonably limit the economic activity, which simultaneously forms the legal economic order in the state and protect the human right to life. The ECtHR also contributes to this mechanism functioning through the analysis of the states’ compliance with the positive obligations under Article 2 of the ECHR in cases when the Court diagnoses the nature and effectiveness of the measures taken (to be taken) by the states to secure and protect the human right to life.

As it was found the adoption of the restrictive regulatory measures in the business sphere is a positive duty of the states to ensure the human right to life. The states must establish these measures, ensure their proper implementation and necessary supervision of the implementation. The importance of the ECtHR legal positions in the mechanism for ensuring sustainable development lies in the fact that they a fairly clear pointer to the regulatory policy of the national governments. The author individually focused on the study of the relevant ECtHR positions concerning specific areas of the construction and medical activities. 

Key words: legal economic order, business restrictions, sustainable development, the case-law of the ECtHR, human right to life, Article 2 of the ECHR, construction activity.