Article 2 Flashcards
(12 cards)
What does Article 2 of the ECHR protect?
Everyones right to life shall be protected by law. Absolute right.
What is the general duty of the state under Article 2?
Not unlawfully take life (negative obligation)
Take reasonable steps to protect individuals whose lives are at risk (positive obligation)
Conduct proper investigations into deaths involving the state (procedural obligation)
Limited exceptions to article 2?
Absolutely necessary to defend any person from unlawful violence
In order to effect a lawful arrest or prevent escape
To lawfully quell a riot or insurrection
Negative obligation under Article 2?
The state must not take life intentionally or through disproportionate or negligent force.
Use of lethal force must always be:
Strictly necessary
Carefully planned
Proportionate to the threat faced
Key Case: McCann V UK? (facts/held)
IRA suspects shot by British forces in Gibraltar.
Although the soldiers believed there was a threat, the operation was badly planned.
Held: Breach of Article 2 — use of lethal force was not absolutely necessary due to poor planning.
Positive obligation under Article 2?
The state must take steps to safeguard life where it knows or ought to know there is a real and immediate risk to life.
Failure to prevent foreseeable death may breach Article 2.
Key Case: Osman v UK (1998)?
A pupil and his father were attacked by a known stalker.
Police had prior warnings but failed to act.
Held: No breach on the facts, but confirmed the duty to act where there is a real and immediate risk to life.
What is the states duty to investigate under article 2?
If someone dies in custody or due to state action, the state must carry out an investigation that is prompt, independent, thorough, Transparent and public, capable of identifying responsibility.
Jordan V UK?
A man was shot by police in Northern Ireland.
The investigation was neither prompt nor independent.
Held: Breach of Article 2’s procedural duty to investigate deaths.
How must force by police be used under English law?
Under PACE and common law, use of force by police must be:
Absolutely necessary
Proportionate to the threat
Justified in the circumstances as the officer believed them to be
What does the Coroners and Justice Act 2009 say?
It regulates inquests into deaths.
Investigations must be:
Prompt
Independent
Public (with participation of the next of kin)
Especially where the state may be responsible.
What is the duty of care in custody settings?
Authorities must protect individuals in custody from:
Suicide or self-harm
Violence from others
Unsafe conditions
Failure to do so may breach Article 2.
