Article 2

• What is Article 2?

  The right to life
• What are the two obligations imposed under Article 2?

  Positive obligation

  Negative obligation
• What is the negative obligation imposed under Article 2?

  Not to take life
• What is the positive obligation imposed under Article 2?

  Protect life
• What is Article 2 defined as under Article 2(1)?

  Everyone's right to life shall be protected by law
• What does Article 2 impose an obligation on the state to take steps to protect individuals from?

  Life-threatening environmental risks (Oneryildiz)

  From violence by others (Osman)

  Suicide by prisoners/hospital patients/mental health patients (Keenan)

  Medical malpractice

  Extradition/expulsion/deportation
• Article 2 refers to human life not animal life
• ECHR doesn't define what life is, when it starts or ends
• According to Vo, how is the issue of when life begins decided?

  On a state level
• Which case tells us the issue of when life begins is decided on a state level?

  Vo
• According to Lambert, how is the issue of when life ends decided?

  On a state level
• Which case tells us the issue of when life ends is decided is decided on a state level?

  Lambert
• The issue of what life is, when it starts or ends is considered within the 'margin of appreciation' of the state
• Which case tells us there's an obligation to investigate adequately?

  DSD
• According to DSD, what is there an obligation on the state to do?

  Investigate adequately
• Under Article 2, there is a duty to investigate death adequately
• Under Article 2(2), when won't depravation of life not breach the Article?

  Force used no more than absolutely necessary
• Where tells us that where force used is no more than absolutely necessary, deprivation of life won't breach the Article?

  Article 2(2)
• What are the three instances where force used is no more than absolutely necessary and deprivation of life wont breach Article 2 under Article 2(2)?

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

  2(2)(b) to effect a lawful arrest/prevent escape of someone lawfully detained

  2(2)(c) Action lawfully taken to quell a riot/insurrection
• Under Article 2(2)(a), what instance is given where deprivation of life won't breach the Article?

  Defence of any person from unlawful violence
• Under Article 2(2)(b), what instance is given where deprivation of life won't breach the Article?

  To effect a lawful arrest/prevent escape of someone lawfully detained
• Under Article 2(2)(c), what instance is given where deprivation of life won't breach the Article?

  Action lawfully taken to quell a riot/insurrection
• What case tells us that deprivation of life won't breach the Article where action is taken lawfully to quell a riot?

  Stewart
• What case tells us that deprivation of life won't breach the Article where action is taken to effect an arrest/prevent escape?

  Nachova
• Which case tells us force used in self-defence should be no more than absolutely necessary based on an honest belief?

  McCann
• Which case tells us it is the responsibility of the state to ensure involved are effectively trained, equipped and guided?

  Fingenov
• Which case extends McCann and tells us it is a subjective test to decide if force is necessary where 'good reasons' existed?

  Armani da Silva
• What does Armani da Silva tell us about necessary force?

  Extends McCann; subjective test to decide if force is necessary where 'good reasons' existed
• What does Fingenov tell us it is the responsibility of the state to do?

  Ensure involved are effectively trained, equipped, instructed and guided
• What does McCann tell us about necessary force?

  No more than necessary force - based on honest and reasonable belief
• According to McCann, what does no more than necessary force mean?

  Should be proportionate to threat posed
• What case tells us that there must be an adequate investigation into loss of life?

  Jordan
• According to Jordan, what must an adequate investigation do?

  Begin and conclude promptly

  Independent

  Involved should be compelled to give evidence