Article 2

• What is Article 2?

  Right to life
• What two things does Article 2 state?

  1 . Everyone's right to life is protected by law, unless a crime has been committed for which legal punishment is death

  2 . May only end life in specific circumstances
• What does it mean if Article 2 is non-derogable?

  It is an absolute right - cannot be limited or suspended
• What does Article 2 refer to?

  Human life
• What does Article 2 not refer to?

  Animal life
• Does the ECHR define what life is, when it starts or ends?

  No
• What is considered within the 'margin of appreciation' of the state?

  What life is, when it starts or ends
• Is an unborn child regard as a person under Article 2?

  No
• Is a mother's rights protected under Article 2?

  Yes
• What must states have that adopt measures to protect patients lives?

  Hospital regulations
• Which case tells us that when the right to life begins is decided at national level?

  Vo
• What does Article 2 say states must have?

  Legislation that protects the right to life
• What typically falls within the 'margin of appreciation' of the state from Lambert?


  Suicide, assisted suicide and euthanasia
• What is the positive obligation under Article 2?

  Protect right to life
• What is the negative obligation under Article 2?

  Not to deprive anyone of their life
• What are the five instances where the state must protect life under Article 2?

  1 . Protect from life-threatening environmental risks

  2 . Protection of individuals from violence by others

  3 . Prevention of suicide by prisoners

  4 . Protection against medical malpractice

  5 . Extradition, expulsion and deportation
• 1 . Protect from life threatening environmental risks

  Must apply regulations strictly or provide people with adequate information regarding risk factors (Turkey)
• Does the state have a wide margin of appreciation regarding life-threatening environmental risks?

  Yes
• Which case tells us that Article 2 may be broken if regulations aren't applied strictly or failure to provide adequate info regarding risk factors?

  Turkey
• 2 . Protection of individuals from violence by others

  State must protect individuals from violence - imposes duty to take all reasonable steps to protect a person from real and immediate risk to life (Osman)
• What duty does Article 2 impose on public authority?

  Duty to protect from real and immediate risk to life
• 3 . Prevention of suicide by prisoners

  Prevent suicide when person is in custody or care of state (Keenan)
• When does the state have a responsibility to prevent suicide according to Keenan?

  When the person is in the custody or care of the state
• 4 . Protection against medical malpractice


  Responsibility to punish those responsible for loss of life within medical field - no breach if state complies with general duty to protect lives of patients
• When is protection against medical malpractice most applicable?

  Denial of life saving treatment due to systematic/structural issues
• What does protection against medical malpractice particularly relate to?

  False medical records or attempts to cover up mistakes
• 5 . Extradition, expulsion and deportation

  Nations may deport those who aren't nationals - but state has responsibility to ensure they're safe in the country they're being deported to
• What will a state have to do regarding foreign nationals?

  Ensure they're safe in the country they're being deported to
• Where are the exceptions to the state not depriving anyone of their life?

  Article 2(2)(a-c)
• What exception to the state not being able to deprive anyone of life is contained in Article 2(2)(a)?

  In defence of any person from unlawful violence
• What are the exceptions to not deprive anyone of their life under Article 2(2)?

  Article 2(2)(a) In defence of any person from unlawful violence

  Article 2(2)(b) To effect a lawful arrest or prevent the escape of a person lawfully detained

  Article 2(2)(c) Action lawfully taken for purpose of quelling riot/insurrection
• What exception to the state not being able to deprive anyone of life is contained in Article 2(2)(b)?

  To effect a lawful arrest or prevent the escape of a person lawfully detained
• What exception to the state not being able to deprive anyone of life is contained in Article 2(2)(c)?

  Action lawfully taken for purpose of quelling riot/insurrection
• What will happen if the situation could have been resolved without the use of lethal force?

  Breach of Article 2
• What is it the responsibility of the state to ensure regarding professionals?

  Properly trained, instructed and given strict guidance
• What is a case where force was necessary to protect a person from unlawful violence?

  Bubbins
• Will failure to plan an operation lead to a finding of disproportionate force for the state according to Russia?

  Yes
• What does Russia tell us it is the responsibility of the state?

  Conduct effective investigation into operation/deaths
• What is the purpose of the duty to make adequate investigation into loss of life?

  Make sure domestic laws are implemented effectively and ensure accountability for deaths
• Which case tells us there's a duty to make adequate investigation into loss of life?

  McShane