Article 2 European Convention on Human Rights - Right to life
Article 2 provides:
"(1) Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.*
(2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
*Protocol 13 ECHR now provides for the abolition of the death penalty
Art 2 provides two primary obligations on the state:
1. To protect the right to life
2. Prohibition on the deprivation of life
Life means human life - it does not cover animals or legal persons (corporations). The European court left it to individual Member States to set the law as to when a human life comes into being:
Vo v France [2004] ECHR 326 Case summary
A foetus is not protected by Article 2:
Paton v UK (1981) 3 EHRR 408 Case summary
English law on when a foetus becomes a human being:
Rance v Mid Downes Health Authority (1991) 1 All ER 801 Case summary
Art 2 protects the right to life - it does not confer a right to die or to determine when and how life should end:
Pretty v UK (2346/02) Case summary
Art 2 does not impose an obligation on the state to sustain life through life support
Lambert v France [2015] ECHR 545 Case summary
English law on this issue is therefore compatible with Art 2:
Airedale Hospital Trustees v Bland [1993] 2 WLR 316 Case summary
R v Malcherek and Steel [1981] 2 All ER Case summary
Art 2 imposes an obligation on the state to take steps to protect life where they are aware of an environmental risk:
Oneryildiz v Turkey [2004] ECHR 657 Case summary
Art 2 imposes a duty on the state to protect individuals from violence by others:
Osman v UK (23452/94) [1998] ECHR 101 Case summary
There is a duty to prevent suicide in custody:
Keenan v UK 27229/95 [2001] ECHR 242 Case summary
There is a duty to prevent suicide of those in residential care:
Savage v South Essex NHS Trust [2009] 2 WLR 115 Case summary
Protection from medical malpractice - duty to provide effective judicial system to investigate cause of death
Erikson v Italy [1999] ECHR 201 Case summary
Duty to make adequate investigation into loss of life:
Jordan v UK [2001] ECHR 327 Case summary
Justifications for interference with right to life
Article 2 (2) Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Absolutely necessary
Force used must be both necessary and proportionate. This includes:
An honest and reasonable belief that the force is necessary:
McCann v UK 18984/91 1995 Case summary
Police operations must be authorised and regulated by national law:
Makaratzis v Greece [2004] ECHR 694 Case summary
Inadequate planning or failure to investigate death may lead to a finding of disproportionate force:
Finogenov v Russia [2010] ECHR 589 Case summary
Art 2 (2) (a) - justification based on defence of any person from unlawful violence
Armani Da Silva v UK [2012] ECHR 1377 Case summary
Art 2 (2) (b) justification based on effecting a lawful arrest or to prevent the escape of a person lawfully detained
Nachova v Bulgaria [2005] ECHR 465
Art 2 (2) (c) justification based on lawful action to quell a riot or insurrection
McCann, Farrell & Savage v UK [1995] ECHR 31 Case summary
Stewart v UK [1985] 7 EHRR 453 Case summary
Gulec v Turkey [1998] ECHR 58 Case summary
Article 2 European Convention on Human Rights - Right to life