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Law > Article 2 > Flashcards

Article 2 Flashcards

1
Q

What is Article 2 about?

A

Right to Life

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2
Q

What does Article 2 (1) state?

A

Everyone right to life shall be protected by the law. No one shall be deprived of his life intentionally.

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3
Q

What does Article 2 (2) state?

A

Deprivation of life shall not be regarded as inflicted to contravention of this article when it results from the use of force

Defence of any person from unlawful violence
Order to effect a lawful arrest or to prevent the escape of a person lawfully detained
Action lawfully taken for the purpose of quelling a riot or insurrection

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4
Q

What does non-derogable mean regarding Article 2?

A

Means absolute: it is so important that it cannot be limited or suspended under any circumstance

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5
Q

What does margin of appreciation mean regarding Article 2?

A

The discretion a state has in making rules to follow the European Court of Human Rights

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6
Q

What comes under the states duty to protect life regarding Article 2?

A

Life threatening environmental risks
Protection of individuals from violence
Prevention of suicide by prisoners
Protection against medical malpractice
Extradition, Expulsion and Deportation

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7
Q

Case for life threatening environmental risk under Article 2?

A

Guerra v Italy

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8
Q

Case for protection of individuals from violence under Article 2?

A

Osman v UK

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9
Q

Point of law in Osman v Uk regarding Article 2?

A

Duty on public authority to take reasonable steps to protect person from real and immediate risk of their life

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10
Q

Case for prevention of suicide by prisoners under Article 2?

A

Keenan v UK

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11
Q

Case for protection against medical malpractice under Article 2?

A

Erickson v Italy

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12
Q

What are the issues with Article 2 (2)?

A

Use of force necessary

In defence of any person from unlawful violence

Lawful arrest or to prevent the escape of a person lawfully detained

Action lawfully taken for the purpose of quelling a riot or insurrection

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13
Q

Case for use of force in Article 2?

A

Gul and McCan

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14
Q

Point of law in Gul and McCan regarding Article 2?

A

Force should be no more than necessary

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15
Q

Case for in defence of any person from unlawful violence in Article 2?

A

Armani Da Silva

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16
Q

Case for lawful arrest or to prevent escape of a person lawfully detained in Article 2?

A

Nachova v Bulgaria

17
Q

Point of law in Nachova v Bulgaria regarding Article 2?

A

Should not put human life at risk if they are no threat to life or limb

18
Q

Cases for action lawfully taken for the purpose of quelling a riot or insurrection in Article 2?

A

Kelly v UK
Gulec v Turkey

19
Q

Point of law in Kelly v UK regarding Article 2?

A

No breach as acted within Article 2

20
Q

Point of law in Gulec v Turkey regarding Article 2?

A

Breach as excessive force was used

21
Q

Cases for investigation in Article 2?

A

Jordan v UK
McShane v UK

22
Q

Point of law in Jordan v UK regarding Article 2?

A

Need for independent investigation

23
Q

Point of law in McShane v UK regarding Article 2?

A

No investigation means breach

24
Q

Definition of positive obligation under Article 2?

A

Active measure that a state must engage in to protect right to life

25
Q

Definition of negative obligation under Article 2?

A

Upon a state to abstain from actions that would violate the right to life

26
Q

What is not included regarding Article 2?

A

Assisted Suicide
Euthanasia
Pollution

27
Q

What are the domestic remedies in Article 2?

A

Causation
Loss and Damages
Proportionality
Just Satisfaction

28
Q

Case for abortion in Article 2?

A

X v UK

29
Q

Point of law in X v UK in Article 2

A

Stated abortion was not noted anywhere in Article 2 and comes under margin of appreciation

30
Q

What is the act for Abortion under Article 2?

A

Abortion Act 1967

31
Q

What is stated about suicide, assisted suicide and euthanasia regarding Article 2?

A

Usually falls within margin of appreciation

32
Q

Case for suicide, assisted suicide and euthanasia in Article 2?

A

Lamber v France

33
Q

Issues to be considered regarding Article 2?

A

Beginning of life/Unborn child
The end of life
The states duty to protect life
The states duty to make an investigation into loss of life

34
Q

Case for beginning of life/unborn child in Article 2?

A

Vo v France

35
Q

Point of law in Vo v France in Article 2?

A

ECHR does not clarify what life is and right to life can be decided on a national level

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