Article 2 Flashcards
What is Article 2?
Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally.
Exceptions
Deprivation of life shall not be regarded in contravention of this article when it results from use of force that is no more than absolutely necessary.
-in defense of anyone subjected to unlawful violence
-in order to effect the lawful arrest or to prevent the escape of a person lawfully detained
-in action lawfully taken for the purpose a quelling a riot or insurrection
The requirements of Article 2
Article 2 states:
1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of the court following his conviction of a crime which this penalty is prescribed by law.
2. Deprivation of life shall not be regarded as inflicted in the contravention of this article when it results from the use of force which is no more than absolutely necessary
a) in defence of any person from unlawful violence
b) in order to effect a lawful arrest or to prevent the escape of a person who is lawfully detained
c) in action lawfully taken for the purpose of quelling a riot or insurrection.
SoWA for A2
Thomas Aquinas- man is made in the image of God
Thomas Locke- man has intrinsic ‘goods’
State can only rule with the consent of people therefore the people have certain rights that the state cannot abuse..
What type of right is is A2
Non-derogable: this means it is absolute, so important that it cannot be limited or suspended in any circumstance. (These only apply in peacetime and in the justified exemptions set out in A5(2))
Relevance of Al-Skeini V UK and Al-Saadoon v Secretary of State for Defence.
ECtHR applies to acts and omissions attributable to the state on its own territory but outside it as well.
What are the two obligations outlined by A5
-A positive obligation to protect the right to life
-Prohibition of deprivation of life except in the exemptions
A2 and the beginning of life
In A2, life means human life, not animal life and not the existence of legal persons (limited company). Vo v France shows that a foetus would not be counted as a life.
Describe the margin of appreciation
The digression a state has in making rules to comply with the ECtHR
Abortion and the right to life
Case X v UK (1980) states that abortion is not noted anywhere in the A2. However an unborn child is not as a person who is directly protected under A2, it is the mothers rights and interests that are protected. There is a positive obligation on state to make regulations requiring hospitals to adopt appropriate measures for the protection of the patients life and an effective system for investigating the cause of death for a patient.
Abortion laws around Europe
most of Europe abortion is allowed between 10-14 weeks (except northern Ireland and the republic of Ireland). Abortion is legal in the England and Scotland under the Abortion Act 1967. However if there is a substantial risk to the mother or foetal abnormalities there is no time limit. In 2007 the Governments Science and Technology committee carried out a review of scientific development since passing the 1967 Act but are currently, maintaining the 24 week limit.
Abortion in Northern Ireland
Though it is permissible to travel to the UK in order to receive an abortion the republic of Ireland have placed a strict ban on abortion. This is permissible under the ECtHR. The question of whether information about abortion can be provided was discussed in Open Door and Dublin Well Women v Ireland. A2 was not relevant in this case but they won under A10.
