Human Rights - Article 2 Flashcards
What does Article 2 state?
That everyone’s right to life shall be protected by law. No one shall be deprived of their life (except for an execution following a conviction where the penalty is provided by law). The deprivation of life will not be regarded in contravention of Article 2 if it results from force that is no more than absolutely necessary.
What happened in the case of Vo v France?
The claimant complained that authorities didn’t recognise the killing of her unborn child as involuntary homicide and that her unborn child’s right to life was not protected. The ECtHR ruled that the question of when the right to life begins could be decided on a national level = no breach
What is the law on abortion in England?
Abortion is legal in England, Wales and Scotland up to 24 weeks under the Abortion Act 1967.
Why is the 24 week limit for abortion being questioned?
In 2017 in Scotland, twins were born prematurely at 23 weeks and both survived
Which Act decriminalised suicide and what else did it do?
The Suicide Act 1967 - but it made it a criminal offence to “aide, abet, counsel or procure” the suicide of another
What happened in the case of Lambert v France (2015)?
Lambert was in a vegetative state for 7 years and his family was split over whether to continue with life support. The ECtHR ruled that the French authorities could stop his artificial hydration and nutrition
What was the impact of the case of R (Purdy) v DPP and the Society for the Protection of Unborn Children (2009)?
It led to the publication of the prosecuting policy ‘Encouraging or Assistancing Suicide’ in February 2010 to make the law about assisted suicide in the UK clearer.
