Article 2 ECHR: right to life and justified exceptions

what does Article 2 state?

what does Article 2 state?

1. ABSOLUTE RIGHT - no one shall be deprived of their life( might include serious injuries as well); can be deprived only in case of their conviction of a crime for which the death penalty is provided

2. However, Protocol 13 of ECHR which abolishes the death penalty

justified exceptions Article 2(2)? (3)

1. in defence of any person from unlawful violence

2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained

3. in action lawfully for the purpose of quelling a riot

what does non derogable mean ?

this means absolute: it is so important that it cannot be limited or suspended under any circumstances (apply only in peacetime and in justified exceptions)

what are the issues that may be considered in Article 2?(5) + 3 cases

• the beginning of life and the unborn child - Vo v France

• the end of life - Pretty v UK

• the abortion was not noted anywhere -

  Open door and dublin woman v Ireland

what could be the issue in the “the end of life”? + case

in the UK death penalty has been abolished, however in other states where UK nationalists might be extradited there could be - which create concerns;

suicide, assisted suicide, euthanasia - usually fall under the margin of appreciation of each state

Lambert v France

what are the states positive obligations ?(def.; 7 bits+ 4 cases)

they are the positive duties under Article 2

1. duty to protect life

2. duties of the state in relation to life threatening environmental risks- Oneryilidz v Turkey

3. protection of individuals from violence by others - Osman v UK

4. the states duty to make an adequate investigation into loss of life - Jordan v UK

5. prevention of suicide by prisoners - Keenan v UK

6. protection against medical malpractice

7. extradition, expulsion, deportation

How can violation of Article 2 occur?(4 +1 case)

if failing to

• apply the regulations strictly

• provide affected populations with adequate info of risks

• hold those responsible to account, e.g. by crim prosecution

• plan the operations and execute to minimise risk to targets/ if using lethal force must follow a strict guidance - McCann v UK (breach)

negative obligations on state

• not to deprive citizens of life

who might be the burden of proof on?

• applicant

• state if the suspicious deaths in the custody

• state if V disappears while in custody

English laws compatibility (5)

• Abortion Act 1967 ( foetus becomes a person once born; abortion is legal in UK up to 24 weeks, no time limit if the risk to mothers life)

• Suicide Act 1961 ( cannot assist to end someones life)

• S3 Criminal Law Act 1967 (self defence)

• PACE 1984 s117 (force may be used when permitted by any other legislation - “reasonable force”

• Riot Compensation Act 2016 (compensation for communities recovering from riots)

examples of no contravention of A2 (3+3 cases)

• if there is no real and immediate risk to life - Osman v UK

• if the state has taken “all reasonable steps” - Keenan v UK

• if there is a genuine and honestly held belief that the use of force is necessary - Armani Da Silva v UK