Hotărârea Curții Europene a Drepturilor Omului în cauza Aftanache împotriva României

Abstract

In the interpretation of the European Court of Human Rights, the observance of the right to life provided by Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, requires states to comply with several positive substantive, and procedural obligations. In the case Aftanache v. Romania, the European Court of Human Rights examined, in the context of medical care, the state's compliance with the procedural obligation to conduct an independent, adequate, prompt, thorough, and effective investigation into allegations of medical negligence, so that those responsible to be held accountable and victims to be compensated. The Court considered that national authorities failed to carry out a proper investigation into the incident analysed in this case and found a violation of Article 2 of the Convention.

Keywords

• right to life
• right to liberty and security
• positive procedural obligation
• medical care