Article 2 Flashcards
What does Article 2.1 state regarding the right to life?
Everyone’s right to life shall be protected by law. No one shall be deprived of their life except for an execution following a conviction where the penalty is provided by law.
Under what circumstances is deprivation of life not regarded as a breach of Article 2.2?
Deprivation of life is not regarded as a breach when it results from force that is no more than absolutely necessary, such as:
* In defence of any person from unlawful violence
* In order to effect a lawful detention or to prevent the escape of a legal detainee
* In action taken to lawfully quell a riot or insurrection.
What does it mean that Article 2 is non-derogable?
It means that Article 2 is absolute and cannot be limited or suspended at any time.
What is the margin of appreciation in relation to Article 2?
It refers to the discretion that a state has within complying with the ECHR, particularly regarding when the right to life begins.
What was the outcome of the case Vo v France (2005)?
The ECtHR ruled that the question of when the right to life begins could be decided on a national level.
What is the legal status of abortion in England, Wales, and Scotland under the Abortion Act 1967?
Abortion is legal up to 24 weeks.
What significant event in 2017 raised questions about abortion under Article 2?
Twins were born prematurely at 23 weeks in Scotland and both survived.
What does the Suicide Act 1967 state regarding assisted suicide in UK law?
It decriminalised suicide but made it a criminal offence to ‘aid, abet, counsel or procure’ the suicide of another.
What was the ruling in Lambert v France (2015)?
The ECtHR ruled that the French authorities could stop Lambert’s artificial hydration and nutrition without violating Article 2.
What did the case R (Purdy) v DPP lead to in terms of UK law?
It led to the publication of the prosecuting policy ‘Encouraging or Assisting Suicide’ in February 2010 to clarify the law about assisted suicide.
What do the cases Al-Skeini v UK (2011) and Al-Saadoon v Secretary State for Defence (2016) demonstrate about Article 2?
They demonstrate that Article 2 is applicable to acts and omissions outside of a state’s territory.
What are the two aspects of Article 2?
- Positive duty to protect life
- Negative duty not to deprive life.
What does the positive duty to protect life involve?
- Life-threatening environmental risks
- Protection against violence from other individuals
- Prevention of suicide by prisoners
- Protection against medical malpractice.
What did the case Oneryildiz v Turkey (2004) establish regarding Article 2?
The authorities had breached Article 2 because they ought to have known about the risk to life caused by the rubbish tip and taken positive steps to protect life.
What was the ruling in Osman v UK (1998)?
The ECtHR decided that the authorities did not sufficiently protect life, therefore there was a breach of Article 2. The case shows that the police do not have blanket immunity
What was the result of the case Keenan v UK regarding Article 2?
There was no breach of Article 2 because the authorities had taken reasonable steps to prevent him committing suicide, such as placing him in hospital care and under supervision by a doctor.
What does Lopes de Sousa Fernandes v Portugal (2017) state about medical malpractice?
Protection against medical malpractice only relates to systemic failures and not individual error or mere medical negligence.
What is required under Article 2 regarding investigations into loss of life?
The state has an obligation to make an adequate investigation, ensuring sufficient public scrutiny and involvement of the next-of-kin.
What was the outcome of the case McCann v UK (1995)?
It was held that there had been a breach of Article 2 because the force used was more than necessary.
What was the ruling in Finogenov v Russia (2011)?
There was no breach of Article 2 because forced intervention was the lesser evil.
What justifications are outlined under Article 2.2?
- In defence of any person from unlawful violence
- In order to effect a lawful detention or to prevent the escape of a legal detainee
- In action taken to lawfully quell a riot or insurrection.
What was the outcome of Armani Da Silva v UK (2016)?
There was found to be no violation of Article 2 because the police genuinely believed they were protecting the public from unlawful violence.
What was the ruling in Nachova v Bulgaria (2005)?
Article 2 was breached because there was no necessity to kill the individuals involved.
What was the ruling in Stewart v UK regarding Article 2?
Article 2 was not found to have been breached and the force used was deemed to have been absolutely necessary because it was quelling a violent riot.
