Scope and Exceptions to the Right to Life
Article 2 of the ECHR provides robust protection for the right to life, but it also recognizes specific circumstances where the use of lethal force may be justified. Understanding these exceptions is crucial for comprehending the full scope of this fundamental right.
The text outlines three main exceptions where deprivation of life may not violate Article 2:
- Self-defense or defense of others from unlawful violence
- Effecting a lawful arrest or preventing escape of a lawfully detained person
- Quelling a riot or insurrection
Example: In the case of Armani Da Silva, the European Court of Human Rights (ECtHR) aligned the test for justified use of force more closely with English law on self-defense, adopting a more subjective approach.
The concept of "necessary force" is central to the application of these exceptions. States and their agents must consider whether the level of force used is absolutely necessary in a given situation. If a situation could have been resolved without resorting to lethal force, the use of such force may breach Article 2.
Highlight: The state has a responsibility to ensure that all professionals who may be in situations requiring the use of force are properly trained, instructed, and given strict guidance on the use of lethal force.
Key cases that have shaped the interpretation of necessary force include:
- McCann: Established a test for assessing the use of force based on an honest belief perceived for good reasons, valid at the time but potentially mistaken later (combining subjective and objective elements)
- Nachova: The Court emphasized that it cannot be necessary to put human life at risk if the person poses no threat to life or limb
- Stewart: Determined that the force used was absolutely necessary
- Gulec: Found that excessive force was used and was not necessary
Quote: "Breach A2 if situation could've been resolved without use of lethal force"
These cases demonstrate the ECtHR's careful balancing act between recognizing legitimate state interests in maintaining order and protecting the fundamental right to life.






