Article 2 ECHR

Article 2 ECHR

Article 2 of the European Convention on Human Rights protects the right of every person to their life. The article contains exceptions for the cases of lawful executions, and deaths as a result of "the use of force which is no more than absolutely necessary" in defending one's self or others, arresting a suspect or fugitive, and suppressing riots or insurrections.

The exemption for the case of lawful executions is further restricted by Protocols 6 (restriction of the death penalty to war time) and 13 (abolition of the death penalty), for those parties who are also parties to those protocols. This right does also not derogate under article 15 of the convention during peacetime.

Cquote|Article 2 – Right to life

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 this 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::a. in defence of any person from unlawful violence;:b. in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;:c. in action lawfully taken for the purpose of quelling a riot or insurrection.

History

*Capital punishment

Case law

*"McCann v. United Kingdom" (1995) 21 EHRR 97

ee also

*European Convention on Human Rights


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