Article 2: Life

Question 1

The ECtHR has interpreted Article 2 as containing three types of obligation…

Answer 1

1. Negative duty to refrain from taking life (other than in the situations in A2.2)
2. Postive duty to protect life in certain circumstances
3. Postive duty to conduct an investigation

Question 2

The positive substantive duty under Article 2 to protect life can be divided into two types of obligation:

Answer 2

1. The duty to have a regulatory framework
2. The operational duty

Question 3

When is deprivation of life not to be regarded as a breach of Article 2?

Answer 3

(a) defending any person from unlawful violence

(b) in order to effect a lawful arrest, or prevent a lawfully detained person from escaping

(c) quelling a riot or insurrection

Question 4

Vo v France (2004)

Answer 4

Whether or not a foetus is a person is a matter within states’ margin of appreciation

Article 2: complaint is of failure to prosecute doctor for causing unlawful death of foetus

Question 5

Armani da Silva v UK (2016)

Answer 5

• English law’s subjective test for self-defence / defensive force does not breach A2
• Furthermore, the decision not to prosecute police officers did not breach A2, as there was no reasonable prospect of conviction
• The criteria for a proper investigation are outlined (and found to be fulfilled here)

Question 6

Oneryildiz v Turkey (2004)

Answer 6

Under Article 2, authorities must act if they know there is a real risk of an environmental hazard that could kill people (in this case, a rubbish tip in Instanbul)

Question 7

Osman v UK (1998)

Answer 7

• Blanket immunity for the police in operational matters breaches A6
• Breach of A2 can occur when authorities know of a specific, direct threat to a person, and fail to take reasonable steps to act (though this wasn’t made out here)

Question 8

Jordan v UK (2001)

Answer 8

For any unnatural death in state detention, there is a duty to properly investigate under Article 2

Question 9

McCann v UK (1995)

Answer 9

Three IRA operatives were shot while unarmed in Gibraltar - the failure to prosecute breached Article 2 - the force went beyond what was necessary