Article's 2 & 3 Flashcards
What is the positive obligation imposed by article 2?
OSMAN v UK: must have effective criminal legislation.
Suicide: only a duty if known/reasonable to have known of the risk.
Article 2 can be derogated from in what circumstances?
s2(2): when absolutely necessary to either:
Effect a lawful arrest.
In defence of a person.
Quell a riot.
McCANN, FARELL & SAVAGE sets out what two requirements of a state with regards to article 2?
- State must investigate all situations when a life is taken. R v SSHD (AMIN): must be public, independent and involve the family.
- Duty of command, control and training so agents of the state are able to refrain from deadly force when not required.
JORDAN v UK: order givers breached.
AL-SKEINI: includes extra territorial killings.
How does article 2 impact upon medical law?
A v M: right to turn off machine.
RABONE: duty arises as soon as admitted.
PETTY v DPP/PETTY v UK: assisted suicide not permitted but turn a blind eye to travel abroad.
The negative obligation of article 3 is absolute but the positive one is not; discuss.
Q v SSHD: deportation not defeated by claims of torture in home country if not a registered asylum seekers.
BUT: BADDANAVICUS: if can show home state authorities might know or ought to know of circumstances that might lead to torture.
e.g. SH v UK: race grounds; Bhutanese oppress nepalese.
What is the difference between torture and IHT?
R v BROADMOOR: factors to look at are the nature, context, manner, duration and effects of the treatment. Torture is any form of aggravated, deliberate and cruel treatment.
IRELAND v UK: IHT can breach the act all the same.
How do prison conditions infringe article 3?
NAPIER: so bad they breached; but this was on specific facts.
SPINKS: ill but no release because treatment could be provided in prison.
SOERING: death row syndrome.
CHAHAL: expected malnutrition.
N v SSHD & D v UK involved what?
HIV.
The former = not close to death so case failed.
