Article 2: The Right to Life Flashcards
What does S1 say?
Everyone’s right to life shall be protected by law. No one should be deprived of their life intentionally.
What are the 3 exceptions to use force which is absolutely necessary S2?
a) in defence of any person from unlawful violence;
b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
c) in action lawfully taken for the purpose of quelling a riot.
When is the start of life?
a living Human - does not cover animals or a foetus.
What happened in Vo v France?
2 Vo’s, incorrect abortion administered, there was no breach as a foetus is not a human being.
When is the end of life?
Within a state’s margin of appreciation.
What happened in Pretty v UK?
Motor Neurons disease, could go to a country where assisted suicide was is legal and wouldn’t be guilty in UK.
What happened in Purdy v UK?
Multiple sclerosis, police on ‘engaging or assisted suicide’ was created.
What is the exception to ending life?
The state can make their own decisions with regards to medical reasons.
What happened in Bland v Airedale NHS?
Hillsborough, man in vegetative state for 3 years, life support could be turned off
What is the positive obligation for article 2?
The state must protect individuals against unlawful violence being inflicted to them.
You cannot sue the police for negligence in the UK for failing to stop violence.
What happened in Osman V UK?
teacher changed his name to pupil, killed him and family, police didn’t take reasonable steps to prevent this.
What happened in Michael v South Wales Constabulary?
999 failure, mother killed by boyfriend, breach of council.
What are the other positive obligations?
There is a duty on the state to prevent suicide while in custody and in residential care.
There is a duty to make a thorough and independent investigation into any loss of life.
What happened in Keenan v Uk?
Man killed himself in prison but guards took all reasonable steps.
What happened in Rabone v Pennine care NHS?
Psych ward, unreasonable release which led to patient committing suicide.
