Unit 1. Introduction to Human Rights; Absolute Rights
UK signed the European Convention on Human Rights (ECHR) in 1951
Right to life (Article 2 – absolute right)
o Duty on the state not only not to take life, but positively to
protect it (Osman v United Kingdom [1999])
o A positive obligation will only arise where the authorities knew or ought
to have known of the existence of a real and immediate risk to the life of
an identified individual from the criminal acts of a third party and they
then failed to take measures within the scope of their powers which,
judged reasonably, might have been expected to avoid that risk
(Tkhelidze v Gerogia [2021])
o No derogation is possible (except in respect of deaths resulting from lawful
acts of war)
o Article 2(2) – permits the use of force that results in the deprivation of
life if conditions are met (McCan v United Kingdom (1996) – places
procedural obligation on the state to investigate when individuals have
been killed as a result of force)
Use of force must be no more than absolutely necessary
Use of force must be in pursuit of either
Force is used in defence of any person from unlawful violence
Force is used to effect a lawful arrest or to prevent the escape
of a person lawfully detained
Force is used in action lawfully taken for the purpose of
lawfully quelling a riot or insurrection
o Effective investigation (Da Silva v United Kingdom (2016))
Necessary for the persons responsible for carrying out the
investigation to be independent from those implicated in the events
Must be capable of leading to the establishment of the facts
(whether force used was justified in the circumstances)
Nature and degree of scrutiny necessary depends on the
circumstances but would need to be stringent where death was at
the hands of a state agent
Investigation must be accessible to the family
There must be sufficient public scrutiny
Must be carried out promptly
o Scope of the Article (exceptions)
Does not protect embryos by preventing their destruction when one
party withdraws their consent to implantation (Embryos have no
independent right to life) (Evans v UK [2007])
A foetus does not have an independent right to life (Re F (In
Utero) (Wardship) [1988])
A person acting out of compassion to help a terminally ill patient
with a ‘clear, settled and informed wish to die’ is unlikely to be
prosecuted (Pretty v UK (2002))
UK signed the European Convention on Human Rights (ECHR) in 1951
Right to life (Article 2 – absolute right)
o Duty on the state not only not to take life, but positively to
protect it (Osman v United Kingdom [1999])
o A positive obligation will only arise where the authorities knew or ought
to have known of the existence of a real and immediate risk to the life of
an identified individual from the criminal acts of a third party and they
then failed to take measures within the scope of their powers which,
judged reasonably, might have been expected to avoid that risk
(Tkhelidze v Gerogia [2021])
o No derogation is possible (except in respect of deaths resulting from lawful
acts of war)
o Article 2(2) – permits the use of force that results in the deprivation of
life if conditions are met (McCan v United Kingdom (1996) – places
procedural obligation on the state to investigate when individuals have
been killed as a result of force)
Use of force must be no more than absolutely necessary
Use of force must be in pursuit of either
Force is used in defence of any person from unlawful violence
Force is used to effect a lawful arrest or to prevent the escape
of a person lawfully detained
Force is used in action lawfully taken for the purpose of
lawfully quelling a riot or insurrection
o Effective investigation (Da Silva v United Kingdom (2016))
Necessary for the persons responsible for carrying out the
investigation to be independent from those implicated in the events
Must be capable of leading to the establishment of the facts
(whether force used was justified in the circumstances)
Nature and degree of scrutiny necessary depends on the
circumstances but would need to be stringent where death was at
the hands of a state agent
Investigation must be accessible to the family
There must be sufficient public scrutiny
Must be carried out promptly
o Scope of the Article (exceptions)
Does not protect embryos by preventing their destruction when one
party withdraws their consent to implantation (Embryos have no
independent right to life) (Evans v UK [2007])
A foetus does not have an independent right to life (Re F (In
Utero) (Wardship) [1988])
A person acting out of compassion to help a terminally ill patient
with a ‘clear, settled and informed wish to die’ is unlikely to be
prosecuted (Pretty v UK (2002))
