A2

Question 1

intro

Answer 1

V may be able to bring a claim against D under Article 2 of the European convention of human rights (ECHR).
Under A2.1 the state has a positive duty to uphold the right to life of all citizens and a negative duty to not deprive the citizens of their right to life except under the 3 circumstances of A2.2(a,b,c).
S.6 HRA 1998 public authorities cannot violate the article of ECHR and if they do, under s.7 a claim can be made against them in a domestic court. D as a public authority, may have violated the article by … so V CAN CLAIM.

Question 2

under A2.1 life meaning

Answer 2

Under A2, life means human life and In Vo france the ECtHR confined that the issue of life is best described by a margin of appreciation . In the UK, many cases refelt that a fetus is not regarded as a human being and does not have rights unless it has an independent existence of its mother. This is also reinforced by the abortion act 1967- Abortion legal up to 24 weeks

Question 3

What is the margin of appreciation.

Answer 3

means it may vary in Europe

Question 4

EOL A2.1 death penalty

Answer 4

The UK is a signatory state that has signed up to Protocol 13, which abolished the death penalty. So, public authorities in the UK would not have the right to end life.

Question 5

Assisted suicide

Answer 5

Assisted suicide, often referred to as euthanasia, also comes under the margin of appreciation, but in the UK it remains an offence to assist suicide under the suicide Act 1961, with 14 years imprisonment (pretty v UK 2001)

Question 6

Withdrawal of medical treatment

Answer 6

Advances in technology allow doctors and the NHS to support life with artificial assistance.