article 2

Question 1

Art 2 HRA 1998

Answer 1

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 a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in 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 lawfully detained;
   c) in action lawfully taken for the purpose of quelling a riot or insurrection.

Question 2

AIREDALE NHS trust v bland 1993

Answer 2

A patient that is in a persistent vegetative state cannot withhold or offer consent for treatment.
- This requires the doctors to act in the best interests of the patient, which in this case was whether the continuation of Bland being on life support was in his best interests.
-It is not lawful to cause or accelerate death. However, in this instance, it was lawful to withhold life-extending treatment which in this instance was the food that Bland was being fed through a tube. Appeal dismissed.

Question 3

Re A (Children) (Conjoined Twins: Surgical Separation) [2001] Fam 147, per Brooke LJ

Answer 3

the trial judge had erred in suggesting that the separation would be of benefit to both children because all life had equal value. M’s life was as valuable as J’s in these circumstances and the operation could not therefore, be in her best interest.he court was then required to balance the interests of the children against one another and concluded that the balance fell in favour of J.

Question 4

what is a positive obligation

Answer 4

• to do something to ensure respect and protection f HR

Question 5

negative obligation

Answer 5

duty to not act, that is, to refrain from actions that would hinder HR