article 2

Question 1

intro ?

Answer 1

-under article 2 of european on human rights 1953 everyone has a right to life which is protected
-this is absolute right can can only be derogated from during war and in justified expectations
-in uk there is a wide margin of appreciation for abortion

Question 2

s.6 ?

Answer 2

-under s.6 HRA 1988 it is unlawful for the state to act against someone’s rights

Question 3

article 2.1 ?

Answer 3

-there must be positive obligation by the state to refrain from taking a life and also safeguard lives
-the Osman test (osman v uk) is used to ensure that the state has taken posistive steps to prevent violation

Question 4

3 requirements for Osman test?

Answer 4

duty to protect
-they know or ought to have known at the time of existence
-real and immediate risk
-failed to take reasonable measures to avoid risk

Question 5

article 2.2 ?

Answer 5

-can only take a life if the deadly force is ‘absolutely necessary’

Question 6

exceptions of article 2.2 ?

Answer 6

-if they truly believed the victim will cause unlawful force (mcCann)
-to prevent an escape of a lawful arrest ( nachova)
-quelling a riot (stewart or glues)

Question 7

if state ?

Answer 7

-take a life must carry out and independent, prompt, open to scrutiny investigation (jordan)

Question 8

s.6 ?

Answer 8

-established it was unlawful for a public authority such as police to act incompatible with art 2 unless a justified exception in law

Question 9

s.7 and s.8 ?

Answer 9

-s.7 the victim of breach can bring there claim to a domestic court against public authority
-s.8 the victim can claim compensation against the state if they have proven there life been a breached