Article 2 Flashcards
What is Article 2 about?
Right to Life
What does Article 2 (1) state?
Everyone right to life shall be protected by the law. No one shall be deprived of his life intentionally.
What does Article 2 (2) state?
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
What does non-derogable mean regarding Article 2?
Means absolute: it is so important that it cannot be limited or suspended under any circumstance
What does margin of appreciation mean regarding Article 2?
The discretion a state has in making rules to follow the European Court of Human Rights
What comes under the states duty to protect life regarding Article 2?
Life threatening environmental risks
Protection of individuals from violence
Prevention of suicide by prisoners
Protection against medical malpractice
Extradition, Expulsion and Deportation
Case for life threatening environmental risk under Article 2?
Guerra v Italy
Case for protection of individuals from violence under Article 2?
Osman v UK
Point of law in Osman v Uk regarding Article 2?
Duty on public authority to take reasonable steps to protect person from real and immediate risk of their life
Case for prevention of suicide by prisoners under Article 2?
Keenan v UK
Case for protection against medical malpractice under Article 2?
Erickson v Italy
What are the issues with Article 2 (2)?
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
Case for use of force in Article 2?
Gul and McCan
Point of law in Gul and McCan regarding Article 2?
Force should be no more than necessary
Case for in defence of any person from unlawful violence in Article 2?
Armani Da Silva
Case for lawful arrest or to prevent escape of a person lawfully detained in Article 2?
Nachova v Bulgaria
Point of law in Nachova v Bulgaria regarding Article 2?
Should not put human life at risk if they are no threat to life or limb
Cases for action lawfully taken for the purpose of quelling a riot or insurrection in Article 2?
Kelly v UK
Gulec v Turkey
Point of law in Kelly v UK regarding Article 2?
No breach as acted within Article 2
Point of law in Gulec v Turkey regarding Article 2?
Breach as excessive force was used
Cases for investigation in Article 2?
Jordan v UK
McShane v UK
Point of law in Jordan v UK regarding Article 2?
Need for independent investigation
Point of law in McShane v UK regarding Article 2?
No investigation means breach
Definition of positive obligation under Article 2?
Active measure that a state must engage in to protect right to life
Definition of negative obligation under Article 2?
Upon a state to abstain from actions that would violate the right to life
What is not included regarding Article 2?
Assisted Suicide
Euthanasia
Pollution
What are the domestic remedies in Article 2?
Causation
Loss and Damages
Proportionality
Just Satisfaction
Case for abortion in Article 2?
X v UK
Point of law in X v UK in Article 2
Stated abortion was not noted anywhere in Article 2 and comes under margin of appreciation
What is the act for Abortion under Article 2?
Abortion Act 1967
What is stated about suicide, assisted suicide and euthanasia regarding Article 2?
Usually falls within margin of appreciation
Case for suicide, assisted suicide and euthanasia in Article 2?
Lamber v France
Issues to be considered regarding Article 2?
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
Case for beginning of life/unborn child in Article 2?
Vo v France
Point of law in Vo v France in Article 2?
ECHR does not clarify what life is and right to life can be decided on a national level
