Öneryildiz v. Turkey
European Court of Human Rights (Grand Chamber)
App. No. 48939/99, ECHR 2004-XII, (2005) 41 Eur. Ct. H.R. 20 (2004)
Facts
Maşallah Öneryildiz (plaintiff) lived in a slum near a waste-collection site. A 1991 report found that the area was not in compliance with domestic regulations, and the inhabitants were exposed to several hazards. In 1993, a methane explosion at the waste site caused a landslide of refuse, killing 39 people, including nine in Öneryildiz’s family. Öneryildiz brought this action, alleging that Turkey (defendant) violated Article 2 of the European Convention on Human Rights (ECHR), which provides for the right to life. The chamber of the European Court of Human Rights held that Article 2 applied and that Turkey was negligent in failing to take steps to protect the residents of the slum area. Turkey appealed, arguing that the chamber’s interpretation of the scope of Article 2 was too broad.
Rule of Law
Issue
Holding and Reasoning (Wildhaber, J.)
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