A.2 compatibility with english law Flashcards
beginning of life- unborn child
english law views a foetus becomes a person when baby is born and takes at least one breath outside womb
(CP v First tier tribunal) - foetus could not be ‘another person’ before birth
consistent with Vo v France
beginning of life- abortion and right to life
legal up to 24 weeks under Abortion Act 1967
is there’s substantial risk to womans life, no time limit
compatible with A.2 and margin of appreciation
end of life, right to die- suicide
Suicide Act 1961 decriminalised suicide so it no longer offence
however, makes it criminal offence for person to ‘aid, abet, counsel or procedure the suicide of another or attempt suicide
end of life, right to die - assisted suicide, R (Pretty) v DPP
right to life is not determined by quality of life so couldn’t be interpreted as also giving right to die
where state has law making assisted suicide legal, no breach
end of life, right to die - withdrawl of treatment, Ms B v An NHS
right to determine what shall be done with one’s own body is a fundamental right, ventilator could be turned off
end of life, use of life support machines - question of when support can be stopped, causing death of person
Airedale NHS Trust v Bland
HoL gave permission for withdrawing support
guidelines subsequently published
end of life, use of life support machines - R v Malcherek
Decided court’s switching off of life support machine did not break chain of causation, here when it was turned off a conviction of murder allowed for person who’d put them in state
test of death- where brain stems had died
state’s duty to protect life - life threatening environmental risks
potential issue of compatibility comes from question of enforcement of legislation
Grenfell Tower, investigated
state’s duty to protect life - Hill v Chief constable of west yorkshire
relationship between V and police was not sufficiently close (proximate) for police to owe duty of care
Robinson v Chief constable of west yorkshire - ruled case of Hill didn’t confer on the police a blanket of immunity to negligence
injury to bystander by police carrying out arrest. there was a positive act, reasonably foreseeable risk of injury =duty imposed
state’s duty to protect life- prevention of suicide by prisoners
Keenan v UK- not been a breach of positive obligation in failing to take steps to prevent suicide of mentally ill prisoner.
state’s duty to protect life- suicide that nearly succeeds, which leaves V with serious injuries
JL v Secretary state for justice
courts decided there exists a similar duty to hold an enhanced investigation as exists after a suicide
state’s duty to protect life- protection against medical malpractice -Savage v South Essex NHS
general compliance with A.2
required NHS to do all that can reasonably be expected to prevent patient from committing suicide, if fail to do this, liable for negligence, violation to protect life
state’s duty to protect life- protection against medical malpractice, Rabone v Pennine Care NHS
released for home leave from psychiatric ward despite concerns of her parents, next day she committed suicide
trust failed to do all that could reasonably have been expected to prevent real and immediate risk of suicide
A.2 breached
state’s duty to make an adequate investigation into loss of life
where death occurs without engagement of A.2, coroner looks at who died, when, where, how
if A.2 is engaged, investigation will include wider circumstances of death e.g. not only how but also in what circumstances person came by death
Tainton v Preston and West Lancashire - breach
state’s duty to make an adequate investigation into loss of life , mental health cases
reporting a death is not always adequate in mental health cases
all deaths in state detention should be examined by a coroner
inconsistencies between official data on deaths reported to coroners suggests coroners may not have had conducted inquests into every death
