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Human rights in action - Coggle Diagram

- - - - An implied obligation on authorities to take preventive operational steps in some circumstances to protect the lives of people at risk from the criminal acts of another individual
      - An obligation on health authorities to protect lives of patients in their hospitals, with an additional operational obligation where a patient presents a real and immediate risk of suicide
      - Obligation on state to embark on an activity, whether public or not, in which the right to life may be at stake
  - - - Broader obligation - to provide a legal system which gives access to open, independent investigation of deaths
      - Narrower obligation - to initiate a thorough investigation into a death where the is an arguable breach by the state of its substantive duty to protect life
    - - Any of the categories of death in SECTION 18.1.1 where there are grounds for suspecting that the state may have breached a substantive obligation imposed by article 2
      - Suicide by individuals under state care and control -> immediately triggers the the duty to investigate as the state's system for preventing suicide has failed, and the burden on the state is to provide satisfactory and plausible explanation
      - Where individual is compulsorily detained by a public authority and dies in state detention, the death must be reported to the corner, who must take an investigation. After Edwards case -> 2005 Act -> there is no automatic requirement to hold an inquest into their deaths unless there are concerns about the cause of death
      - UK framework for carrying out investigations into suspicious deaths consists of: inquests and inquires under the Inquiry Act 2005
- - - - Reasonable expectation shown -> engages Article 8. Courts have recognised a reasonable expectation of privacy in areas of people's lives such as personal and sexual relationships, and health or addiction issues
  - - - Existence of free press is desirable and any inference with it has to be justified
      - A public figure is entitled to private life but should also accept that their actions will be more closely scrutinised by the media. If they have sought publicity, they have less ground to object to any intrusion
      - The contribution made by photos or articles in the press to a debate of general interest in a democratic society
      - How well known is the person concerned and what is the subject of the report?
      - Prior conduct of the person concerned
      - Content, form, and consequences of the publication
      - The circumstance in which the photos were taken