Right to life

Question 1

What article is the right to life?

Answer 1

Article 2

Question 2

Can you derogate from art 2?

Answer 2

No, not even in public emergencies

Question 3

Quote from McCann and others v UK?

Answer 3

art 2 is the “Basic value” of council of europe

Question 4

What are the examples of circumstances where life can be taken lawfully?

Answer 4

. Self defence from unlawful violence
. Arresting or preventing the escape of a lawfully detained person
. Lawful actions taken to end a riot

Question 5

Negative obligation definition

Answer 5

A duty not to do something

Question 6

Positive obligation definition

Answer 6

A duty to take practical measures

Question 7

Who typically has a negativve obligation?

Answer 7

states and duty holders like the police

Question 8

Who typically holds a positive obligation?

Answer 8

Both state and non-state actors

Question 9

Why are pos/neg obligations a good thing?

Answer 9

Help us hold the state accountable

Question 10

What is a recent context for pos/neg obligations?

Answer 10

Covid 19 pandemic- state may fail on pos obligations if they didn’t do enough to protect right to life

Question 11

Case for withrawal of life-saving treatment?

Answer 11

Lambert v France

Question 12

Lambert v France facts

Answer 12

Doctors wanted to stop nutrition and hydration for man who had been in a vegetative coma for 5 years. Wife agreed but parents didn’t

Question 13

Lambert v France held?

Answer 13

Parents took case to ECtHR. Said states enjoy margin of appreciation where there is legal framework that allows for withdrawal of treatment, nobody vulnerable is disadvantaged, and there are remedies for challenges to decisions. No violation

Question 14

How is euthanasia different to withdrawal of treatment?

Answer 14

Euthanasia is a positive act of intentional life taking

Question 15

Why is euthanasia legal in some EU states?

Answer 15

Because the ECtHR won’t dictate the legislation a state makes. allows margin of appreciation for them to make this decision

Question 16

Why is the decision not to legalise assisted dying criticised?

Answer 16

Said it breaches private and family life, and art 3 prohibition of torture. Also said right to life implies the right to death too

Question 17

Another case for right to die in the UK?

Answer 17

Pretty v UK

Question 18

Cases to show practial measures

Answer 18

Osman v UK
Opuz v Turkey

Question 19

Osman v UK facts?

Answer 19

A boy’s teacher harassed him and his family. They went to the police many times but they said not enough evidence. Teacher killed the boy’s father and injured the boy too

Question 20

Osman v UK held?

Answer 20

Police justified in presumption of innocence and did not know/ought to have known their lives were under threat. No violation from police.

Question 21

Opuz v Turkey facts?

Answer 21

Woman told police her partner broke her leg. They failed to locate him. He killed her 2 days later

Question 22

Opuz v Turkey held?

Answer 22

ECtHR said state interference with such issues does not breach art 8 right to private and family life and they should do more to protect in these sorts of cases. If police fail to respond to DV claims, they could be violating art 2

Question 23

Why is Opuz v Turkey an important case?

Answer 23

Shows a significant legal shift in the expansion of the scope of protection

Question 24

Case showing protection for persons in detention

Answer 24

Paul and Audrey edwards v UK

Question 25

Paul and Audrey Edwards v UK facts?

Answer 25

V was killed by another inmate. Authorities didn't pass on killer's info to the prison.

Question 26

Paul and Audrey Edwards v UK Held?

Answer 26

Breach of state's positive right to life

Question 27

Case for healthcare obligations?

Answer 27

Nencheva and others v Bulgaria

Question 28

Nencheva and others v Bulgaria

Answer 28

15 disabled children died due to lack of medicine and food during the economic crisis

Question 29

Nencheva and others v Bulgaria held?

Answer 29

Art 2 breached and holds states accountable for not providing adequate standard of living. Limited financial resources is not a justification for these events

Question 30

What is a procedural obligation?

Answer 30

The duty of the state to investigate circumstances of death effectively

Question 31

Does art 2 protect unborn children?

Answer 31

No- no ruling on when life begins so states have a margin of appreciation

Question 32

What are the rules regarding deprivation of life and self defence?

Answer 32

. Prohibition includes both intentional and accidental death . Judged on proportionality . Applies where risk of death wasn't minimised when it could have been

Question 33

How might art 2 apply in relation to deportation?

Answer 33

If there is a risk that someone may face the death penalty if deported

Question 34

How may the Al-Skeini and others vs UK be relevant here?

Answer 34

shows life taken in armed conflict and shows extra-territorial reach

Question 35

Al-Skeini v UK facts

Answer 35

6 Iraqis killed by British forces in Iraq, 1 of which was in detention.

Question 36

Al-Skeini v UK held?

Answer 36

Effective control established only with the man in detention, but UK had control over that part of Iraq at the time so exercised effective control over the other 5 as well

Question 37

Case for disproportionate or impossible standard of practice in the UK?

Answer 37

Brecknell v UK

Question 38

Brecknell v UK facts?

Answer 38

Investigation into a death 24 years later. Found only that the initial investigation was ineffective

Question 39

Brecknell v UK held?

Answer 39

ECtHR only considers circumstances where there were clear evidence based obstacles and severe issues in the investigatory steps- margin of appreciation

Question 40

What does the death penalty say about human rights?

Answer 40

Questions it's universality as it was allowed when the ECHR was made and internationally many states still have it but it is prohibited for EU member states under art 6.

Question 41

What are some limitations of art 2

Answer 41

. Life can only be lawfully taken in very limited circumstances . prevention of crime isn't a justification . No margin of appreciation

Question 42

What is significant about the Human Rights Committee General Comment 36 from 2018?

Answer 42

The fact that they call for states to take all possible actions to reduce risk to life shows significant legal development