Article 2: Right to Life

Definition

Article 2 of the European Convention on Human Rights guarantees every individual's right to life, protecting them from arbitrary deprivation of life by the state. This article is crucial in establishing the framework for how governments must uphold and protect this fundamental human right, ensuring accountability when lives are unjustly taken. It emphasizes the importance of safeguarding life as a core principle of democracy and humanity.

5 Must Know Facts For Your Next Test

1. Article 2 is one of the most fundamental rights protected by the ECHR and serves as a cornerstone for many other rights.
2. The right to life is not absolute; exceptions include deaths resulting from armed conflict, lawful acts of war, and actions taken in self-defense.
3. The European Court of Human Rights has ruled that states must take appropriate steps to protect individuals from threats to their life, including taking preventive measures against potential risks.
4. A violation of Article 2 can occur through both action and inaction, meaning that governments can be held accountable not only for actively causing death but also for failing to protect lives when they have a duty to do so.
5. Case law surrounding Article 2 has significantly influenced national laws across Europe, leading to reforms aimed at enhancing protections for individuals against unlawful killings.

Review Questions

• How does Article 2 establish the balance between the right to life and exceptions under certain circumstances?
  • Article 2 affirms the right to life as a fundamental human right while also recognizing that this right can be limited under specific circumstances, such as during armed conflict or in instances of self-defense. The European Court of Human Rights interprets this balance by ruling that while states must protect lives, they may be justified in causing death under strict conditions. This nuanced approach ensures that the protection of life is maintained without impeding necessary state functions.
• What obligations do states have under Article 2 regarding prevention and accountability in cases involving the right to life?
  • Under Article 2, states are obligated not only to refrain from taking life unlawfully but also to take proactive measures to safeguard lives. This includes implementing laws and practices that prevent threats to life and ensuring prompt investigations into any deaths that may have resulted from state actions. The European Court of Human Rights has reinforced that failure to act or provide adequate protection can lead to state accountability for violations of this fundamental right.
• Evaluate the impact of case law from the European Court of Human Rights on national laws concerning the right to life.
  • Case law from the European Court of Human Rights has profoundly influenced national legal frameworks regarding the right to life by setting precedents that obligate states to enhance their protections against unlawful killings. This has led many countries to reevaluate their laws and practices surrounding law enforcement, military operations, and emergency responses. The Court's rulings promote a culture of accountability and transparency, encouraging states to align their domestic laws with international human rights standards. As a result, there is a growing recognition among member states that upholding Article 2 is not just a legal obligation but also a moral imperative.

Related terms

ECHR: The European Court of Human Rights, an international court established to ensure the enforcement of the European Convention on Human Rights among member states.

Inhuman Treatment: A violation of Article 3 of the ECHR that prohibits torture and inhuman or degrading treatment or punishment, often related to life-threatening situations.

State Obligation: The responsibility of states under international law to protect individuals' rights and ensure that their actions do not lead to violations of human rights, including the right to life.