Right to life Flashcards
What article is the right to life?
Article 2
Can you derogate from art 2?
No, not even in public emergencies
Quote from McCann and others v UK?
art 2 is the “Basic value” of council of europe
What are the examples of circumstances where life can be taken lawfully?
. Self defence from unlawful violence
. Arresting or preventing the escape of a lawfully detained person
. Lawful actions taken to end a riot
Negative obligation definition
A duty not to do something
Positive obligation definition
A duty to take practical measures
Who typically has a negativve obligation?
states and duty holders like the police
Who typically holds a positive obligation?
Both state and non-state actors
Why are pos/neg obligations a good thing?
Help us hold the state accountable
What is a recent context for pos/neg obligations?
Covid 19 pandemic- state may fail on pos obligations if they didn’t do enough to protect right to life
Case for withrawal of life-saving treatment?
Lambert v France
Lambert v France facts
Doctors wanted to stop nutrition and hydration for man who had been in a vegetative coma for 5 years. Wife agreed but parents didn’t
Lambert v France held?
Parents took case to ECtHR. Said states enjoy margin of appreciation where there is legal framework that allows for withdrawal of treatment, nobody vulnerable is disadvantaged, and there are remedies for challenges to decisions. No violation
How is euthanasia different to withdrawal of treatment?
Euthanasia is a positive act of intentional life taking
Why is euthanasia legal in some EU states?
Because the ECtHR won’t dictate the legislation a state makes. allows margin of appreciation for them to make this decision
Why is the decision not to legalise assisted dying criticised?
Said it breaches private and family life, and art 3 prohibition of torture. Also said right to life implies the right to death too
Another case for right to die in the UK?
Pretty v UK
Cases to show practial measures
Osman v UK
Opuz v Turkey
Osman v UK facts?
A boy’s teacher harassed him and his family. They went to the police many times but they said not enough evidence. Teacher killed the boy’s father and injured the boy too
Osman v UK held?
Police justified in presumption of innocence and did not know/ought to have known their lives were under threat. No violation from police.
Opuz v Turkey facts?
Woman told police her partner broke her leg. They failed to locate him. He killed her 2 days later
Opuz v Turkey held?
ECtHR said state interference with such issues does not breach art 8 right to private and family life and they should do more to protect in these sorts of cases. If police fail to respond to DV claims, they could be violating art 2
Why is Opuz v Turkey an important case?
Shows a significant legal shift in the expansion of the scope of protection
Case showing protection for persons in detention
Paul and Audrey edwards v UK
Paul and Audrey Edwards v UK facts?
V was killed by another inmate. Authorities didn’t pass on killer’s info to the prison.
Paul and Audrey Edwards v UK Held?
Breach of state’s positive right to life
Case for healthcare obligations?
Nencheva and others v Bulgaria
Nencheva and others v Bulgaria
15 disabled children died due to lack of medicine and food during the economic crisis
Nencheva and others v Bulgaria held?
Art 2 breached and holds states accountable for not providing adequate standard of living. Limited financial resources is not a justification for these events
What is a procedural obligation?
The duty of the state to investigate circumstances of death effectively
Does art 2 protect unborn children?
No- no ruling on when life begins so states have a margin of appreciation
What are the rules regarding deprivation of life and self defence?
. Prohibition includes both intentional and accidental death
. Judged on proportionality
. Applies where risk of death wasn’t minimised when it could have been
How might art 2 apply in relation to deportation?
If there is a risk that someone may face the death penalty if deported
How may the Al-Skeini and others vs UK be relevant here?
shows life taken in armed conflict and shows extra-territorial reach
Al-Skeini v UK facts
6 Iraqis killed by British forces in Iraq, 1 of which was in detention.
Al-Skeini v UK held?
Effective control established only with the man in detention, but UK had control over that part of Iraq at the time so exercised effective control over the other 5 as well
Case for disproportionate or impossible standard of practice in the UK?
Brecknell v UK
Brecknell v UK facts?
Investigation into a death 24 years later. Found only that the initial investigation was ineffective
Brecknell v UK held?
ECtHR only considers circumstances where there were clear evidence based obstacles and severe issues in the investigatory steps- margin of appreciation
What does the death penalty say about human rights?
Questions it’s universality as it was allowed when the ECHR was made and internationally many states still have it but it is prohibited for EU member states under art 6.
What are some limitations of art 2
. Life can only be lawfully taken in very limited circumstances
. prevention of crime isn’t a justification
. No margin of appreciation
What is significant about the Human Rights Committee General Comment 36 from 2018?
The fact that they call for states to take all possible actions to reduce risk to life shows significant legal development
