Article 2 of the ECHR

Definition

Article 2 of the European Convention on Human Rights (ECHR) guarantees the right to life, stating that everyone's life shall be protected by law. This article underscores the importance of safeguarding individuals from arbitrary deprivation of life, establishing a fundamental principle of human rights that is pivotal in various legal contexts across Europe.

5 Must Know Facts For Your Next Test

1. Article 2 is one of the most important provisions in the ECHR and has been interpreted to require states to take appropriate steps to protect lives under their jurisdiction.
2. The article includes specific provisions for cases of lawful killing, such as during armed conflict or law enforcement actions, where it must be necessary and proportionate.
3. States have a positive obligation under Article 2 to investigate any suspicious deaths, ensuring accountability and justice for potential human rights violations.
4. Article 2 has been used in various landmark cases before the European Court of Human Rights (ECtHR) that addressed issues like police shootings and state violence.
5. The interpretation of Article 2 continues to evolve, adapting to contemporary challenges and the increasing need for states to address threats to life from non-state actors, including terrorism.

Review Questions

• How does Article 2 of the ECHR establish protections for individuals against unlawful killings?
  • Article 2 establishes a clear legal framework that mandates states to protect the right to life, prohibiting unlawful killings and arbitrary deprivation of life. It obliges governments not only to refrain from taking life unlawfully but also to implement measures ensuring that individuals are safeguarded against potential threats. This dual responsibility reinforces accountability in state actions and promotes a culture of respect for human rights across Europe.
• Discuss the significance of the positive obligations imposed by Article 2 on states regarding the protection of life.
  • The positive obligations under Article 2 require states not only to avoid violating the right to life but also to actively take steps to protect individuals from threats. This includes investigating suspicious deaths, implementing effective law enforcement measures, and ensuring appropriate safeguards are in place. The importance of these obligations lies in their capacity to foster a more proactive human rights framework, where states are held accountable for protecting lives rather than simply refraining from interference.
• Evaluate how the case law surrounding Article 2 reflects its adaptability to modern human rights challenges.
  • The case law surrounding Article 2 illustrates its adaptability in addressing evolving human rights challenges, such as terrorism, police violence, and state-sanctioned killings. Decisions from the European Court of Human Rights demonstrate a commitment to interpreting Article 2 in light of contemporary issues while balancing state interests with individual rights. This ongoing evolution showcases how Article 2 remains a living instrument capable of responding to new threats against life, thus ensuring its relevance in today's complex human rights landscape.

Related terms

Right to Life: A fundamental human right ensuring that every individual has the inherent right to live, protected from unlawful killing and violence.

ECHR: The European Convention on Human Rights is an international treaty to protect human rights and political freedoms in Europe, established by the Council of Europe.

Interference with Life: Any action taken by state authorities that could unjustifiably threaten or cause the loss of life, subject to scrutiny under Article 2.