article 2 right to life Flashcards
what does article 2 section 1 include
everyone has the right to life and shall be protected by law. No one shall be deprived of his life intentionally apart from some exceptions
what is the positive obligation under sc1
the police has a positive obligation to protect life and not take it
what are the other positive obligations under sc 1
prevent suicide in custody- keenan v uk
conduct thorough investigations into loss of life- amin v sos
what is a life
living human not a foetus
vo v france
when is the end of life
end of states margin of appreciation
No right to die -pretty v uk
what is the test for breaching the positive obligation sc1
osman v uk
knew at the time
of an existance
of a real and immediate risk of an identifiable person
and failed to take reasonable steps to prevent it
what is held under sc 2
deprivation of life is not unlawful when force was no more than absolutely necessary
when can force be absolutely necessary in sc2
in defence from unlawful violence
in order to quell a riot
in order for lawful arrest
lawful arrest
nachova v bulgaria (not)
Unarmed men shot when they ran away from security
for quelling a riot
stewart v uk (yes)
Gulec v turkey (not)
remedies
complain to independant office for police conduct
SC6-8 of HRA
sc6- state how its illegal
sc7- ask for judical review
sc8- compensation
unlawful violence
Mccann v uk (not)- killing must be necessary and there are procedural obligations when planning to avoid taking life
Negligence
Police cannot be sued for failure to protect
Needs to fulfil osman test
Van collected v cco Hertfordshire
