Article 2: Life Flashcards
The ECtHR has interpreted Article 2 as containing three types of obligation…
- Negative duty to refrain from taking life (other than in the situations in A2.2)
- Postive duty to protect life in certain circumstances
- Postive duty to conduct an investigation
The positive substantive duty under Article 2 to protect life can be divided into two types of obligation:
- The duty to have a regulatory framework
- The operational duty
When is deprivation of life not to be regarded as a breach of Article 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
Vo v France (2004)
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
Armani da Silva v UK (2016)
- English law’s subjective test for self-defence / defensive force does not breach A2
- 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)
Oneryildiz v Turkey (2004)
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)
Osman v UK (1998)
- 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)
Jordan v UK (2001)
For any unnatural death in state detention, there is a duty to properly investigate under Article 2
McCann v UK (1995)
Three IRA operatives were shot while unarmed in Gibraltar - the failure to prosecute breached Article 2 - the force went beyond what was necessary
