Article 2: Life

Question 1

The two types of obligation under Article 2 are…

Answer 1

(a) Positive obligation (“everyone’s life shall be protected”)

(b) Negative obligation (“No one shall be deprived of his life intentionally” (except by lawful execution))

Question 2

When is deprivation of life not to be regarded as a breach of Article 2?

Answer 2

(a) defending any person from unlawful violence

(b) in order to effect a lawful arrest, or prevent a lawfully detained person from escaping

(c) quelling a riot or insurrection

Question 3

Vo v France (2004)

Answer 3

Whether or not a foetus is a person is a matter within states’ margin of appreciation

Article 2: complaint is of failure to prosecute doctor for causing unlawful death of foetus

Question 4

Armani da Silva v UK (2016)

Answer 4

• The English law on defensive force did not breach A2 - it was ok to use a subjective test
• Furthermore, the decision not to prosecute police officers did not breach A2, as there was no reasonable prospect of conviction
• The criteria for a proper investigation are outlined (and found to be fulfilled here)

Question 5

Oneryildiz v Turkey (2004)

Answer 5

Under Article 2, authorities must act if they know there is a real risk of an environmental hazard that could kill people (in this case, a rubbish tip in Instanbul)

Question 6

Osman v UK (1998)

Answer 6

• Blanket immunity for the police in operational matters breaches A6
• Breach of A2 can occur when authorities know of a specific, direct threat to a person, and fail to take reasonable steps to act (though this wasn’t made out here)

Question 7

Jordan v UK (2001)

Answer 7

For any unnatural death in state detention, there is a duty to properly investigate under Article 2

Question 8

McCann v UK (1995)

Answer 8

Three IRA operatives were shot while unarmed in Gibraltar - the failure to prosecute breached Article 2 - the force went beyond what was necessary