Article 2 states that no one will be deprived of their life intentionally, unless…
It’s set out by the penalty of a crime committed
The use of lethal force is only justified and absolutely neccessary if…
1) In defence of self/another
2) To make an arrest or prevent escape of a lawful detainee
3) To stop a riot or insurrection
When can states be in violation of A2?
If they fail to apply regulations and hold those responsible for crimes to account
Vo v France (A2)
‘When life begins’ should be decided on a national level
Pretty v UK (A2)
There is no right to death or to assist one in the UK
Osman v UK (A2)
Public authorities have a positive obligation to act where there is a real and immediate risk to life
Nachova v Bulgaria (A2)
You cannot use firearms to arrest non-violent criminals
R v Malcharek and Steel (A2)
Doctors are unlikely to be liable for turning off life support machines, the patient is already considered dead as they had no brain activity
Finogenov v Russia (A2)
1) Use of force can be proportionate if there’s a real, serious and immediate threat to life
2) Public authorities have an obligation to plan operations carefully and because of advance information
Jordan v UK (A2)
If life was lost bc of authorities then the state must make an investigation, involving next of kin to safeguard their interests
The state has a duty to investigate unnatural deaths that occur..,
In state detention
What did the Suicide Act 1961 make law?
Attempting suicide is no longer a crime, but encouraging someone to kill themselves is (max penalty of 14 years)
Why is A2 a non-derogable right?
It cannot be changed or negotiated - it is absolute
When was the death penalty for murder abolished in the UK?
1969 (1973 for Northern Ireland)
Under 2.2b, when is it not necessary to put a human life at risk?
If the person who escaped is no risk to others life or limb
What are the police?
Representatives of the State
Police and public authorities have a negative obligation, what is it?
To not take life
The police do not have…
Blanket immunity
Stewart v UK
Force used by public authorities must be no more than what is ‘absolutely necessary’
McCann v UK
If lethal force is used in self-defence/in defence of another, the state agents must have had reasonable belief that the force used was proportionate to the threat
Armani da Silva
Public authorities must have been trained in appropriate techniques where lethal force might be used
What is Euthanasia?
Painless killing of a patient from an incurable and painful disease
Erikson v Italy
The State are obligated to make an investigation into any death in a hospital and any liability on the part of the medical practitioners concerned
Abortion Act 1967
Abortion can take place within the first 24 weeks of pregnancy in England, Scotland, and Wales unless there’s a substantial risk
