Article 2

Question 1

The two obligations under Article 2 are…

Answer 1

(a) Positive obligation (“everyone’s life shall be protected”)
(b) Negative obligation (“No one shall be deprived of his life intentionally” (except by lawful execution))

Question 2

Article 2(2) says death through force which is “no more than necessary” is not a breach of the Convention if it is for…

Answer 2

(1) Defence of life (2) Making an arrest or preventing escape or (3) Quelling a riot

Question 3

Vo v France (2004)

Answer 3

Whether or not a foetus has the right to life is within State’s margin of appreciation

Question 4

Oneryildiz v Turkey (2004)

Answer 4

Under Article 2, authorities must act if they know there is a real risk of an environmental hazard that could kill people (in this case, a rubbish tip in Instanbul)

Question 5

Osman v UK (1998)

Answer 5

Giving the police blanket immunity for for operational decisions is too wide, and breaches Article 2’s positive obligation to protect life

Question 6

Jordan v UK (2001)

Answer 6

For any unnatural death in state detention, there is a duty to properly investigate under Article 2

Question 7

McCann v UK (1995)

Answer 7

Three IRA operatives were shot while unarmed in Gibraltar - the failure to prosecute breached Article 2 - the force went beyond what was necessary

Question 8

Armani da Silva v UK (2016)

Answer 8

Police killed a Brazilian man falsely believing him to be a terrorist - police were not prosecuted, but this didn’t beach Article 2 because they had good reasons, subjectively, for using force

Question 9

Pretty v DPP (2001)

Answer 9

The right to life (A2) doesn’t include the right to die

Question 10

Purdy v DPP (2009)

Answer 10

The DPP were ordered to prepare guidelines on when people would be prosecuted for assisting dying