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Article 2 ECHR, Therefore, there are 2 possible violations of Article 2, 1…

- - - - b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained
        
        balance must be struck between aims + means
        
        prevalence of violence nor high fatalities displace obligation on state to ensure effective, independent investigation
        
        Gulec v Turkey found to be violation of Article 2 as although demonstration not peaceful + security forced called for reinforcement + armoured vehicles, nearly all the demonstrators were shot in the leg which wasn't reasonable as there were other, less forceful, alternatives
      - Nachova v Bulgaria legitimate aim of lawful arrest can only justify putting human life at risk in circumstances of absolute necessity
      - not a necessity if known person to be arrested poses no threat to life + not suspected of having committed offence even if failure to use force may result in loss of arrest
- - - - the end of life
        
        the state's duty to make an adequate investigation into the loss of life
        
        procedural obligation under Article 2 to conduct effective investigation into any unnatural death which occurs in state detention
        
        Jordan v UK ECtHR established criteria for effective investigation which will satisfy Article 2 including burden of proof falling on authorities if circumstances of death exclusively within authorities power
        
        the state's duty to protect life
        
        death penalty has been abolished in UK
        
        concerns with respect to death penalty in other states to which UK nationals might be extradited
        
        suicide, assisted suicide + euthanasia
        
        usually falls within margin of appreciation
        
        Lambert v France court stated it was primarily for domestic authorities to decide whether withdrawal of treatment compatible with domestic laws + Convention obligations
      - ECtHR doesn't clarify what life is or when it begins/ends
      - issue of when right to life begins falls within margin of appreciation
      - abortion and the right to life
        
        X v UK specifically stated abortion not noted anywhere in Article 2 + that most states that were signatories to the ECHR had some form of abortion law
        
        unborn child not regarded as person protected by Article 2 but mother is protected by article
        
        abortion legal in England, Wales and Scotland under the Abortion Act 1967 up to 24 weeks but if there's substantial risk to woman's life or foetal abnormalities there's no time limit