Article 2 of the ECHR

According to article 2 of the European Convention on Human Rights ("ECHR"), everyone has the right to life. This entails that no one shall be deprived of his life intentionally, except in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law. 

Article 2 provides also that deprivation of life shall not be regarded as violation of the article when it results from the use of force which is no more than absolutely necessary, namely: (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. 

Article 2 includes two substantive obligations: the general obligation to protect by law the right to life and the prohibition of intentional deprivation of life, delimited by a list of exceptions (Boso v. Italy (dec.), 2002). Article 2 includes also an obligation of the states to carry out an effective investigation into alleged breaches of its substance (Armani Da Silva v. the United Kingdom [GC], 2016, § 229). Thus, the provision enjoins the State not only to refrain from the intentional and unlawful taking of life but to take appropriate steps to safeguard the lives of those within its jurisdiction s well (Centre for Legal Resources on behalf of Valentin Câmpeanu v. Romania [GC], 2014, § 130).

Nonetheless, the provision cannot be interpreted as guaranteeing to every human being an absolute level of security in any activity in which the right to life may be at stake (Molie v. Romania (dec.), § 44; Koseva v. Bulgaria (dec.); Gōkdemir v. Turkey (dec.), § 17; Çakmak v. Turkey (dec.), 2017).

This article has been written by Chara Palekythriti, Lawyer - Legal Consultant ©

Disclaimer: This article is for informative purposes only and does not constitute legal advice, opinion or otherwise.