Human rights jurisprudence and road safety outcomes: the ECtHR's impact on European traffic policy

This article examines the European Court of Human Rights (ECtHR) approach to enhancing road safety across Europe in implementing the right to life under Article 2 of the European Convention on Human Rights. By analyzing formative judgments such as Smiljanić v. Croatia, this article demonstrates that the Court has slowly begun recognizing road traffic risks as an issue impacting the right to life by imposing substantive and procedural positive obligations on states. This article argues that the ECtHR's jurisprudence establishes structural standards to prevent dangerous driving, build public confidence, and ensure that states can build their capacity for preventative work in the area of road safety.