<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the above issue presented in the work will be carried out taking into account regional human rights protection standards and the ECtHR’s judicial practice. Both soft and hard law standards will be included in the analysis.</p></abstract>

The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the state. The first element of the analysis will concern the standards of dealing with the bodies of disaster victims as soon as they occur. The second aspect will include the obligation to notify of death along with other obligations and information on victims. Then, issues related to the transport of corpses and the opening of coffins will be described, and finally the regulations regarding uninterrupted burial. The analysis of the above issue presented in the work will be carried out taking into account regional human rights protection standards and the ECtHR’s judicial practice. Both soft and hard law standards will be included in the analysis.

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights

Law and Administration in Post-Soviet Europe

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

The main aim of the study is to analyze posthumous problems that concern the victims of the Smolensk disaster in the context of positive obligations of the...

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights

Publié en ligne: 24 avr. 2020

Pages: 1 - 10

DOI: https://doi.org/10.2478/lape-2020-0001

Mots clés
death, postmortal problems, responsibility, state obligations, death bodies, catastrophes, post mortem examination

© 2020 Agnieszka Wedeł-Domaradzka, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Postmortal Issues of Smolensk Tragedy Against the Obligations of Art. 2 of European Convention on Human Rights

Publié en ligne: 24 avr. 2020

Pages: 1 - 10

DOI: https://doi.org/10.2478/lape-2020-0001

Mots clésdeath, postmortal problems, responsibility, state obligations, death bodies, catastrophes, post mortem examination

© 2020 Agnieszka Wedeł-Domaradzka, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Mots clés
death, postmortal problems, responsibility, state obligations, death bodies, catastrophes, post mortem examination