Leducate Explains: The Right to Life - Article 2 ECHR

 

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This LedEx post explains Article 2 of the European Convention on Human Rights. It covers what the Article 2 right is, and what obligations countries have to avoid breaking those rights. 

Introduction

Article 2 of the European Convention on Human Rights (ECHR), often referred to just as “Article 2” or “the right to life”, is the first human right listed in the European Convention of Human Rights. If you want to know more about the ECHR, you can read about it here. In brief, the ECHR is an international agreement signed by 46 countries, including the UK, agreeing to respect and protect the human rights of their citizens. 

First, before identifying the specific rights listed in Article 2, the Convention states in Article 1 that the signatories agree to protect their citizens’ human rights. The exact human rights which the countries agree to protect are then found in Articles 2 – 14. 

Article 2 then states that,

ARTICLE 2: Right to life

  1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

  2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:

    1. in defence of any person from unlawful violence;

    2. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

    3. in action lawfully taken for the purpose of quelling a riot or insurrection.

Understanding Article 2

This looks quite complicated, but don’t worry! We can break it down by looking at what countries must do to avoid breaking Article 2. These are known as obligations. Article 2 imposes two types of obligations on countries that have signed up to the ECHR:  

  1. A negative obligation 

  2. A positive obligation

The Negative Obligation

A negative obligation means that countries are not allowed to take life unless it is absolutely necessary in all the circumstances. This comes from the first part of the second sentence of Article 2: “no one shall be deprived of his life intentionally”. This is called the negative obligation because it states what countries are not allowed to do, rather than making them do something. 

The negative obligation applies to “agents of the state”. These are people who work or represent a country such as police officers, or soldiers. The negative obligation thus means that police officers, soldiers, or anyone else who represents a country cannot kill anyone unless it is absolutely necessary. 

But when will it be absolutely necessary to take someone’s life? This is answered in Article 2(2) which gives the three situations in which it may be absolutely necessary to take life. These are: 

  1. In defence of any person from unlawful violence. 

    Example: it may be necessary for a police officer to shoot a terrorist in order to prevent them from killing someone else.

  2. In order to effect a lawful arrest or to prevent the escape
    of a person lawfully detained,

    Example: in preventing someone from escaping prison

  3. In action lawfully taken for the purpose of quelling a riot
    or insurrection

    Example: in preventing a riot or rebellion

These are the only situations in which it can be absolutely necessary to take someone’s life, but it is important to remember that even in such circumstances it is not an absolute right: whether it is necessary will depend on circumstances.  For example, if someone is being attacked, in most cases it will be possible for the police to protect the person without killing the attacker. In most cases the police could simply arrest the person, possibly using non-lethal weapons like batons or Tasers.


Accidental Killings

If someone is accidentally killed while the police are trying to protect themselves or someone else, this will break Article 2 if the force the police used was more than absolutely necessary to protect the person or themselves. It does not matter that the police did not mean to kill the attacker. 

Training and Guidance

Article 2 also requires that countries give their police, soldiers, and security services proper training in when lethal force will be absolutely necessary and when it can be used.

Death Penalty Exception

There is an exception to the rule that agents of the state cannot kill anyone unless absolutely necessary. This is found in the second part of the second sentence of Article 2. “No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law”. This is an exception allowing countries to use the death penalty if someone is found guilty of a crime. There is nothing in Article 2 which prevents the use of the death penalty.

However, just because there is nothing in Article 2 which prevents countries using the death penalty does not necessarily mean that countries can use the death penalty. Countries may have signed up to some other international agreement preventing them from using the death penalty. For example, the UK has signed the 6th Protocol of the ECHR which prevents it from using the death penalty except in times of war. 

The Positive Obligation

As well as preventing countries (or their agents) from taking life unless absolutely necessary, Article 2 also requires countries to take steps to protect their citizens' lives. These steps are known as positive obligations, as they require countries to take positive steps to protect their citizens. These all come from the first sentence of Article 2 which states: “Everyone’s right to life shall be protected by law.”

There are three main positive obligations which Article 2 places on countries that have signed the ECHR:

  1. An obligation to put in place and enforce laws and regulations to protect people’s lives

    Examples: Enacting laws against murder, and enforcing these laws if they are broken. Creating health and safety regulations that protect those that work in dangerous environments, and regulations such as road safety rules that protect public safety. 

  2. An obligation to investigate suspicious deaths 

    Example: Particularly important where the person died in the state’s care (such as in a hospital or prison, or killed by a state organisation, such as the police). A full independent investigation should be run, carried out within a reasonable time period and should involve the victim’s family where possible. 

  3. An obligation to protect specific people where there is a real and immediate risk to their lives. 

    Example: This positive obligation is different to the first, in that it relates to specific people and only applies when there is a real and immediate risk to those people’s lives. First, the state must know, or ought to know that there is a real and immediate risk to someone’s life or lives. For example, if a believable death threat has been made against someone and they have reported this to the police. After this is established, the country has to take reasonable steps to protect that person’s life, such as investigating the threat. However, the police will not have to do everything possible to protect the person but only have to take reasonable steps. For example, while placing the person under police protection 24/7 may protect their life, it may not be unreasonably difficult for the police and so Article 2 will not require this. 

After reviewing this article, you should now have a basic understanding of Article 2 and the right to life under the ECHR. You should have an understanding of positive and negative obligations and how they affect state actions. 

For more in-depth information on Article 2, see this guide written by the European Court of Human Rights (ECtHR):  Guide on Article 2 of the European Convention on Human Rights


Written by Harry Piercy

 

Glossary box

Article – A subdivision of a larger document or agreement (like a chapter in a book!). They are often divided specifically into different content areas. 

Agents of the state – People who work for, or represent, a country such as police officers, security services or soldiers

Human right - A basic right or freedom that everyone in the world has, from their birth to their death. Human rights are inherent, which means they do not need to be given, awarded, or earned. 

 


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