The Basics of Article 2

Article 2 guarantees that everyone's right to life shall be protected by law, but it's only absolute during peacetime. The right has two main purposes: protecting life and prohibiting unlawful killing.

Here's the tricky bit - the ECHR doesn't actually define when life begins or ends. This is left to individual countries to decide using their 'margin of appreciation' (MoA), which basically means each state gets some wiggle room to interpret the law based on their own values.

Unborn children aren't protected under Article 2, but pregnant mothers' rights are. In the Vo case, the court confirmed it's up to each state to decide when life legally starts.

💡 Remember: Article 2 is about balancing absolute protection with practical exceptions - understanding this balance is key to tackling exam questions.

When it comes to end-of-life issues, states must have proper legislation in place. The Lambert case showed that courts can make decisions about turning off life support, even against family wishes, when someone's been in a vegetative state for years.

State Duties and Justified Exceptions

States have massive responsibilities under Article 2. They must protect people from environmental risks (like in Oneryildiz v Turkey where a rubbish tip explosion killed people), tackle medical malpractice, and take reasonable steps to prevent violence.

The Osman case established that public authorities must protect people from "real and immediate risk to life." However, the state can't do the impossible - in Keenan, the court said you can't impose unreasonable burdens on authorities to prevent every death.

Any unnatural death must be properly investigated. The state has the burden of proof to show they didn't breach Article 2. This includes deaths in custody, deportation cases, and medical incidents.

There are three legal exceptions where killing is justified: defending someone from unlawful violence, preventing a lawfully detained person from escaping, and stopping riots or uprisings. The key test is whether 'absolutely necessary force' was used.

💡 Case tip: McCann shows that authorities can rely on genuine belief that force was necessary, but Finogenov (the hostage situation) demonstrates proportionate response with 900 lives at stake.

English Law and Article 2 Compatibility

English law generally aligns with ECHR requirements, but there are some interesting quirks. A foetus must take a breath outside the womb to be considered alive - perfectly in line with the Vo decision.

Abortion is legal up to 24 weeks under the Abortion Act 1967, with no time limit if there's serious threat to the mother's life. This uses the margin of appreciation principle effectively.

Suicide isn't a crime since 1962, but assisting suicide remains illegal. The Pretty case showed that courts focus on the right to life itself, not its quality. You can sign a 'Do Not Resuscitate' form, and in Ms B, the court allowed treatment refusal as a decision about what's done with your "body" rather than your "life."

Life support cases like Bland (a Hillsborough victim) show courts can permit treatment withdrawal after proper consideration. The key question is often about motive - is the decision genuinely in the person's best interests?

💡 Remember: The distinction between "body" and "life" decisions is crucial for understanding when treatment can be refused or withdrawn.

Protection Duties and Justified Force

Environmental protection often comes from EU law, though resource issues (like Grenfell Tower's flammable cladding) show the ongoing challenges states face in protecting life.

Police protection creates complex legal situations. The Hill case established that police are largely immune from negligence claims to prevent defensive policing, whilst Michael showed that systematic failings don't automatically create Article 2 liability.

Prison suicide prevention rarely breaches Article 2 if authorities took appropriate steps. Cases like Amin require proper investigation, whilst JL shows the duty extends to failed suicide attempts that cause brain damage.

Medical settings must establish causes of death and prevent foreseeable suicides. The Rabone case demonstrated that NHS trusts breach Article 2 if they fail to prevent "real and immediate risk" of suicide.

💡 Legal framework: Section 3 of Criminal Law Act 1967 allows "reasonable force" for crime prevention, whilst PACE Act 1984 provides statutory authority for prescribed force.

The three justified exceptions each have specific tests: was action absolutely necessary, and was any subsequent investigation adequate? The Riot Compensation Act 2016 provides a framework for post-riot recovery without unreasonable taxpayer burden.