Human Rights Art 2 Flashcards
What is art2
Right to life.
What is are a state’s obligations under art2?
- not to take life save for explicit reasons
- take steps to prevent loss of life
- effective investigate into circumstances surrounding death
Principles established by the McCann case?
- diverting from the article must be strictly proportionate to the aim of protecting persons against unlawful violence
- authorities are under an obligation to respect the right to life
- actions violated art2 - force was more than necessary in defence of persons from unlawful violence
When can a state derogate from art2?
When the deprivation of life is absolutely necessary.
What is the procedural dimension of art2?
State has a duty to carry out effective investigation into a death. Crucial when death is at hands of state agent.
What was the principle in the Armani Da Silva v UK case?
Adopted McCan principle. Police had acted appropriately in taking life based on the information they had been given.
What is the significance of art2 in a medical context? (2 cases)
NHS Trust A v M (obligation does not extend to sustenance when futile)
Charles Gard v UK (does not give a right to demand mdeical treatment)
Court will follow medical advice.
What is the significance of art2 in a military context? (2 cases)
Al-Skeini v UK (under exceptional circumstances, ECHR can apply extra territorially.
When does extraordinary rendition apply?
- state agent authority and control
- have “effective control” over an area - military controls all public powers in area
- detains foreign national oversees, holds them in controlled facility
What is the significance of art2 in a counter-terrorism? (2 cases)
States are under a duty to protect citizens from terror attacks.
Tagayeva v Russia (state failed to protect individuals, lack of preventative steps and ineffective investigation)
