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ECHR and ECtHR - Coggle Diagram
ECHR and ECtHR
Article 2
Section 1. Everyone's right to life shall be protected, except for a sentence provided by law which is indictive of his execution
Section 2. Deprivation of life shall not be regarded as inflicting in contravention if A. Defending a person from unlawful violence B. Arrest or Prevent Escape C. Quell Riots
Background
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Does not establish the right to life, but provides measures states should take to protect those within their jurisdiction. A government who fails to do so has no justification therefore no authority over citizens
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Also provides guidelines on how to deal with terrorists, and questions whether it is necessary to protect rights of others
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Cases
Oneryildiz v Turkey 2005. Local authorities were responsible for user rubish tip, after using the tip illegal occupancy started to increasae, and the tip was not within safety regulations and could pose danger to the people in the slum, methane explosion killed many. Attributed the case as the responsibility to the state, but reparations were never paid.
Osman V UK 2000. OsMan a school pupil became a obsession by one of the teachers, padget lewis, problems were reported to the police who interviewed but did not take action. Lewis's actions got increasingly violent and eventually went to Osman and killed his father cause GBH to Osman. Police said they had no legal obligation to the Osman Family. Court said there was no obligation to article 2. The jury said police did all they could at the time as they didnt know the risks of Lewis
The first case where military can use lethal force is McCann V UK 1996, members of SAS shot 3 members of IRA trying to leave Gibraltar. SAS intel identified possible IRA which possessed bombs. Defendants say their actions were necessary with circumstance duress. Witnesses say they were shot while trying to surrender, it was found that the suspects were unarmed and there was no bombs. The conviction was on the basis that they would shoot the victims with the intent to cause GBH without addressing alternatives
Has the duty to act if there is a known threat, and needs accountability for the death, Verdict was a violation of article 2
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General Principles
States have the fundamental duty to secure life, applies absolutely
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Negative Duty: Must refrain from intentional taking of life unless its Article 2, Section 2
Positive Duty:States must take positive measures e.g. environmental protection and healthcare, but states implement was is REASONABLE
Operational duty, a system to take action to enforce the system e.g. police
States must investigate death, include prisons death and deaths cause by states members
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Article 3
Prohibition of torture:
No one shall be subjected to torture or to inhuman or degrading
treatment or punishment
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Overlap of Article 3&8
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The Difference
Treatment that is included in article 8 can be justified by the state, if it is then it does not involve a breach of convention, it has to proven
1979-1980 Ireland, court defined torture as deliberate and human torture which causes suffering
Cases
Aksoy V Turkey 1997, victim was subjected to Palestinian hanging. This was torture. Article 3 prohibits degrading treatment
Pretty V UK 2002, she suffered from a disease and wanted to kill herself with her husbands help, she argues that not letting her die on her own terms is degrading. But the court rejected her argument.
Article 5 UNDHR, International law
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