The Right to Life Under Article 2

The Human Rights Act 1998 sets out the legislation that must be observed in order for human rights to be protected throughout the UK. One of the fundamental human rights is the right to life, which is contained in Article 2 of the Act and serves to protect the right to life of every person in the UK. This means that public authorities are legally bound to protect all and not end the life of a person except in extremely limited and justifiable situations.

This article explains the ‘right to life' more thoroughly, confirming the contents of Article 2, the protections offered and the implications if this law is not observed by the authorities.

What is Contained in Article 2?

Article 2 sets out each person's right to life, and to establish this protection the Article does the following:

• Makes the State accountable and responsible for protecting the right to life;
• Prohibits any authorities of the State or the State directly from intentionally killing;
• Demands that any death caused by the State be thoroughly and properly investigated

Protection for the Right to Life

Article 2 sets out that the UK Government must actively protect the lives of all people within the UK's jurisdiction. To do this, the Government are required to:

• Adopt and implement effective criminal legislation. This means that the Government are obliged to make actions such as murder and manslaughter a criminal offence and such laws must be properly enforced.
• Ensure that the police take adequate action to protect each person's life if they are aware of or should be aware of an imminent and real threat to a person's life. This rule must be realistic and cannot impose unachievable or disproportionate responsibility on the country's authorities
• Ensure that the State takes appropriate steps to prevent accidental deaths through the creation and implementation of an adequate and reliable legal and administrative framework which serves as a deterrent against threats and risks to the right to life.

The Prohibition of Intentional Killing

Article 2 sets out that it is expressly prohibited for the State to take a life through intentional killing. There are occasions when Article 2 will not have been considered to have been breached. If the death of a person is the result of reasonable force being used against them by the State in the following instances, no breach will have been committed:

• Self-defence from the authorities or the defence of a person from acts of unlawful violence
• To perform a lawful arrest on a person or to prevent a person who is in lawful detainment from escaping
• Through lawful action to manage and suppress a riot.

In order to ensure that there has been no breach of Article 2, the force used must be no more than ‘absolutely necessary'. This means that the State and authorities must consider all risks and dangers before taking action. Investigations into State caused deaths will consider whether a situation or response was planned and controlled in order to ascertain whether a breach occurred.

To ensure that the authorities, such as the police, are able to manage situations properly and use appropriate levels of force safely, they must train, instruct and guide employees effectively. Such authorities must be given support in understanding the appropriate levels of force to use and to establish when the use of a firearm is necessary. Failure to provide adequate training will be considered as irresponsible and can be recognised as a breach of Article 2 in the event of a State caused death.

Investigations into State Caused Deaths

Article 2 sets out that it is a requirement for a proper, thorough and effective inquest or investigation into every State caused death. This means that if a person died as the result of the State's implementation of force, the State must demonstrate that they acted responsibly to the protection of life.

Such investigations must:

• Be initiated through the own initiative of the State, and this means that the family of a victim should not be made to request or chase an investigation
• Be independent, reliable and effective.
• Not be unreasonably delayed and carried out promptly
• Be open to the scrutiny of the public and have the involvement of the next of kin of the victim.