Article 2 - Right to life Flashcards
Article 2 is…
Restricted right, not absolute.
Define right to life
No one can take another’s life without just cause such as death penalty or self defence.
When has it been used?
Unsuccessfully by people arguing if there is a right to life there must be a citizen’s right to end their life.
Pretty v UK: Article 2
Applicant suffering from MND, was paralysed but could make lucid decisions.
Wanted husband to assist suicide and sought clarification under Suicide Act 1961 he would not be prosecuted. She argued under Article 2 that if there was a right to die there must be a subsequent right to die
Unsuccessful in domestic courts, went to E court HR.
What was held in Pretty v UK case?
Held: Appeal dismissed and Court said: A2 ensured that a citizen’s right to life could not be readily taken by countries in which they lived and while there was a right to life, there is no express or implied corresponding allowance to take life under the Article.
When can Article 2 be restricted?
Right to life can be restricted under Article 2(2) in limited ‘justified’ circumstances.
What are the circumstances to be restricted?
In defence of any person from unlawful violence.
In order to effect a lawful arrest or to prevent the escape of a person lawfully detained.
In action lawfully taken for the purpose of quelling a riot or insurrection.’
Can the right to life be restricted in war time?
Yes
Death Penalty
Most obvious restriction is when the death penalty is used. UK suspended death penalty for murder in 1965 and abolished it in 1969 and abolished in 1973 in NI.
Re A: Article 2
Twins born conjoined. If not for an operation to separate them they would die. However one would have to die for the other to live.
Outcome: Criminal law’s defence of necessity was available to a surgeon in such situations, but with clear and specific guidelines by the courts.
