MindMap Gallery ECHR Jurisprudence: The Right to Life in European Court of Human Rights Case Law
This detailed mind map explores the nuances of Article 2 of the ECHR, which enshrines the right to life. It delves into key legal issues, significant cases, and the court's interpretations that shape the understanding of this fundamental right. This resource is crucial for legal scholars, human rights activists, and students, providing insights into the complexities of human rights law as adjudicated by the European Court of Human Rights.
Edited at 2022-11-24 22:19:02The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
The European Convention on Human Rights (ECHR) is an international treaty that aims to protect and uphold fundamental human rights and freedoms across Europe. Understanding the territorial reach of the ECHR is crucial for comprehending the extent to which individuals and states are bound by its provisions. This mind map explores the territorial reach of the ECHR, delving into the principles and mechanisms that determine its applicability in different contexts. From the concept of jurisdiction and the role of state parties to the extraterritorial application of human rights, this mind map provides a comprehensive overview of the territorial scope of the ECHR.
The European Convention on Human Rights (ECHR) is a significant international treaty that safeguards fundamental human rights and freedoms across Europe. Embedded within the ECHR are a set of general principles that underpin its interpretation and application. These general principles serve as guiding principles for the protection of human rights and provide a framework for the implementation of the Convention. This mind map explores the general principles of the ECHR, delving into their significance and the impact they have on the interpretation of specific rights and obligations. From the principle of subsidiarity and the margin of appreciation to the principle of non-discrimination and the prohibition of torture, this mind map provides a comprehensive overview of the general principles that shape the ECHR.
This is a clear mind map of Section 3, mainly illustrating prison conditions, domestic violence, and more. Each content area has several levels of further explanation. The mind map meticulously outlines the multidimensional impact of social issues; for instance, prison conditions encompass not only physical facilities and management systems but also prisoners' mental health and rehabilitation education. The domestic violence section expands from legal sanctions, psychological counseling, to social support, offering comprehensive prevention and intervention measures. The map aims to provide an integrated perspective to help professionals and the public better understand and address these pressing social issues.
Article 2 ECHR
Importance of the Article 2
The right to life in an inalienable attribute of human beings and forms the supreme value in the hierarchy of human rights (Krenz v. Germany 2001)
The convention protects "the principle of sanctity of life" (Pretty v. UK 2002)
One of the most fundamental provisions in the Convention and enshrines one of the basic values of the democratic societies making up the Council of Europe" (Nachova v. Bulgaria 2005)
"No derogation" permitted under Article 15 ECHR
§1 "Everyone's right to life shall be protected by law"
Ethical issues
Abortion
Assisted suicide
Pretty v. UK (2002)
Mrs. Pretty paralysed and suffering = physically incapable to commit suicide
She wihes her husband to assist her in commiting suicide
Director of Public Prosecution refuses to grant immunity from prosecution to her husband if he assists her in commiting suicide
Complaint = Allegation of violations of Article 2; 3 ; 8 and 14
Article 2 = A right to die ?
The court says that the Article 2 (right to life) cannot be interpreted as conffering a right to die
No violation of Article 2
Article 3 = A right to die ?
The Article 3 cannot be intrepreted as arising a positive obligation on the States to give an undertaking not to prosecute the applicant's husband or to provide a lawful opportunity for any other form of assisted suicide
No violation of Article 3
Article 8 = A right to die ?
Personal autonomy = important principle
People shall be able to conduct activities perceived to be physically or morally harmful/dangerous
BUT
States are entitled to regulate through the operation of criminal law activities which are detrimental to the life
The more serious the harm involved, the more heavily will weigh in the balance considerations of public health and safety against the contervailing principle of personal autonomy
The law that prohibits assisted suicide was desgined to safeguard life by protecting the weak and vulnerable. And especially those who are not in condition to take an informed decision
Even thought Mrs. Pretty's condition enable her to take an inform decision, it won't be the same for every individuals and setting a precedent would be dangerous.Iit is the vulnerability of the class which provides the rationale for the law in question
The court does not consider therefore that the blanket nature of the ban on assisted suicide is disproportionate.
Euthanasia
Osman V. UK 1998
Teacher obsessed with a schoolboy, threatening behaviour, shooting - father dies- boy wounded
Claim in Strasbourg : Article 2 violation : Failure to offer protection
The Court says that States also have positive obligation to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another individual
The court is going easy on the States
"bearing in mind the dififculties involved in policing modern societies, the unpredictability of humna conduct and the operational choices which must be made in termes of priorities and resources : this obligation to take preventive measures does not impose an impossible or disproportionate burden on the authorities"
"Not every claimed risk to life can entail HCP to take operational measures to prevent this risk"
"The control and prevention of crime must repect the due process including the guarantees contained in Article 5 (liberty) and 8 (private and individual life)"
The test to know if there was a positive obligation for the State to prevent the crime of happening
1. The authorities knew or ought to have known the existence of a real and immediate risk to the life an identified individual from the criminal act of a third party
2.The HCP failed to take measures within the scope of their powers which judged reasonably, might have been expected to avoid that risk
McCann v. UK 1995
First judgment of the court on Art. 2 ECHR
Complaints in Strasbourg : a premeditated murder, no intention to arrest = violation of Article 2
General approach of the Court on Article 2
"The Convention is an instrument for the protection of individual human beings, and its provision must be interpreted and applied so as to make its safeguards practical and effective"
"Article 2 is one the most fundamental provisions in the Convention... its provisions must be strictly construed"
The Court recalls that " §2 describes the situation where the deprivation of life could result an an unintended outcome of the use of force, thus the use of force must be no more than "absolutely necessary" for the achievement of one of the purposes set out in sub-§ (a);(b);(c)
"The term "absolutely necessary" indicates that a stricter and more compelling test of necessity must be employed" the force used must be strictly proportionate to the achievement of (a); (b); and (c)
The court shall therefore take into considetation the action of the agents of the States who administer the force but also all the surrounding circumstances including planning and control of the action
the dissenters pointed out a dilemma in this examination : "in undertaking any evaluation... the Court should resist the temptations offered by the benefit of the hindsight"
Later case-law and distinction between violations
Hugh Jordan v. UK (2001)
Distinction between the types of violation of Article 2
Susbstantive violations e.g disproportionate use of force
Procedural violations : uneffective investigation
This aspect of the uneffective investigation of the incident (inquest) was not developed in McCann
Examples : Ramashai v. The Netherlands (2007)
uneffective investigation by the Dutch Police after the Death of Ramashai
KEY ISSUES before the court ( violation of the necessity)
Disproportionate use of of force
racist police violence
inadequate investigation afterwards
use of "hard" power : internal strife, armed conflict, disappearances, military operations abroad
Anguelova v. Bulgaria (2002)
Roma boy dies in Police custody
Complaint in Strasbourg by the mother : Violation of Article 2 ; 5 and 14
The Court Accepts the Violation of Article 2 and 5
Violation of Article 114 is dismissed because = no "proof beyond reasonable doubt"
" In assessing evidence, the Court adopts the Standard of proof "beyond reasonable doubt" that was set out in Ireland v. UK 1978
"However, such proof may follow from the co-existence of sufficiently strong, clear and concordant interferences or of similiar unrebutted presumption of fact" (Anguelova 2002)
⚠ Dissenting opinion of Judge Bonello
Bonnelo argues that in cases of death in custody where all the relevant information lie wholly within the exclusive knowledge of the authorities, the burden of proof should shift and authorities shall provide satisfactory and convincing explanation
Bonnelo is upset that the Court never judged that Article 14 was violated in 50 years = the court is delusional about what is happening within HCP
Bonnelo thinks that when a member of a disadvantaged minority group suffers harm in an environment where racial tension are high, the burden to prove that the event was not ethnically induced shifts to the Governement
The Court will answer to this dissenting opininon
through Nachova v. Bulgaria case (2005)
Duty to investigate alegations of racist violence
Failure to do so may lead to finding of "procedural violation" of Art. 2 and Art. 14
Absolutely necessary test
Proportionality
Was there a reasonable relationship between the general interest and the individual right
"No such necessity where it known that the person to be arrested poses no threat to life or limb and is not suspected of having commited a violent offence" (Nachova v. Bulgaria)
Subsidiarity
Could the saim aim be achieved in a different way that affects the rights concerned to a lesser extent
"There were other means available to effect the arrest" (Tzekov v. Bulgaria)
And Chechen Cases e.g Atabeyva v. Russia (2008)
Mother claimed disappearance of her son, disputed facts by the Russian govt
Failure to disclose evidence - military secrets
Assessments by the Court : A's son presumed dead
= Violation of Art. 2 (substantive and procedural) Art. 5 ( unacknowledged detention) and Art. 13
The court observes that where the applicant make out a prima facie case and the Court can not reach factual conclusion due to the lack of documents : the burden of proof is thus shifted to the Gvt that shall provide a satisfactory and convincing explanation on how the events occured
If they fail to do so = Violation of Article 2 and/or 3ECHR
underlined = necessity
bold = legality
italic = purpose
Article 2 ECHR
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 the 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: - in defence of any person from unlawful violence - in order to effect a lawful arrest or to prevent the escape of a person lawfully detained, and - in action lawfully taken for the purpose of quelling a riot or insurrection.