Garahan, Sabina (2025) Recognising the imminence of suicide risk – reframing positive obligations under the European Convention on Human Rights. The Howard Journal of Criminal Justice. (In Press)
Garahan, Sabina (2025) Recognising the imminence of suicide risk – reframing positive obligations under the European Convention on Human Rights. The Howard Journal of Criminal Justice. (In Press)
Garahan, Sabina (2025) Recognising the imminence of suicide risk – reframing positive obligations under the European Convention on Human Rights. The Howard Journal of Criminal Justice. (In Press)
Abstract
This article reframes the concept of imminence of suicide risk of mentally ill offenders under Article 2 of the European Convention on Human Rights, which enshrines the right to life. The proposal is based on Article 2 domestic violence jurisprudence which has built its knowledge of lethal risk by reference to relevant expertise. It is argued that by embedding research on the fundamental link between mental health history and future risk of suicide in detention in its case-law, the Court can reflect a better understanding of, and therefore respond more effectively to, risk to life in this area.
Item Type: | Article |
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Uncontrolled Keywords: | Article 2 ECHR; domestic violence; European Convention on Human Rights; imminence; offender mental health; Osman test; positive obligations; right to life; risk to life; sentencing |
Divisions: | Faculty of Arts and Humanities Faculty of Arts and Humanities > Essex Law School |
SWORD Depositor: | Unnamed user with email elements@essex.ac.uk |
Depositing User: | Unnamed user with email elements@essex.ac.uk |
Date Deposited: | 29 Sep 2025 11:02 |
Last Modified: | 29 Sep 2025 11:44 |
URI: | http://repository.essex.ac.uk/id/eprint/41663 |
Available files
Filename: Sabina Garahan Recognising the imminence of suicide risk - reframing positive obligations under the European Convention on Human Rights.docx
Embargo Date: 1 January 2100