Article 2 of the European Convention on Human Rights obliges states not only not to kill unlawfully, but also to take all appropriate measures to protect human life.
National legislation may provide for exemptions in certain cases, for example where death occurs during: the arrest of a dangerous individual; self-defence; the suppression of riots or insurrections; during national defence operations, etc.
However, it is not permitted to administer ‘the death penalty’: this penalty falls under the general prohibition of the death penalty, which supplements Article 2 of the Convention in Additional Protocol No. 13.
Article 2 – Droit à la vie
“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:
Article 2 ECHR
(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.”
Article 1 of Protocol 13: Abolition of the death penalty
THE MEMBER STATES OF THE COUNCIL OF EUROPE, signatory hereto,
Convinced that everyone’s right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings;
Wishing to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”);
Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in respect of acts committed in time of war or of imminent threat of war;
Being resolved to take the final step in order to abolish the death penalty in all circumstances,
Have agreed as follows:
ARTICLE 1 Abolition of the death penalty
The death penalty shall be abolished. No one shall be condemned to such penalty or executed.ARTICLE 2 Prohibition of derogations
No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.ARTICLE 3 Prohibition of reservations
Protocol No. 13 to the Convention for the Protection of Human Rights
No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.
and Fundamental Freedoms concerning the abolition of the death
penalty in all circumstances : Vilnius, 3.5.2002
Content of the right to life
Article 2 of the European Convention on Human Rights (ECHR) states that ‘everyone’s right to life shall be protected by law’.
The case law of the European Court of Human Rights on this article is fundamental.
The State must take preventive measures to protect individuals against attacks on life, in terms of public safety, accident prevention or protection against health risks.
The Court also requires States to investigate all violent or suspicious deaths. Investigations must be effective, independent and impartial. The Court has also established that any use of force by State agents must be strictly proportional to the legitimate objective pursued, in particular in defence of the lives of others. Finally, the death penalty is incompatible with human dignity and constitutes a violation of Article 2 of the ECHR.
In short, the case law of the European Court of Human Rights establishes that the protection of the right to life is a fundamental obligation of the State.
More specifically, Article 2 of the ECHR imposes a positive responsibility on the State to protect the lives of those under its jurisdiction. The European Court of Human Rights has established that the State must take preventive measures to protect individuals against threats to life, particularly in the areas of public safety, accident prevention and protection against health risks.
The European Court of Human Rights has also established that Article 2 of the ECHR requires States to investigate all violent or suspicious deaths. Investigations must be effective, independent and impartial. The Court has held that a violation of the right to life is not limited to direct action by a State to take life, but can also result from a failure by the State to exercise its positive obligation to protect life.
The European Court has also developed case law relating to the use of force by State agents. It has stated that any use of force must be strictly proportional to the legitimate objective pursued. When a state agent uses lethal force, he or she must be able to demonstrate that this use was strictly necessary to achieve a legitimate objective, such as the defence of the life of others.
Finally, the European Court of Human Rights has ruled that the death penalty constitutes a violation of Article 2 of the ECHR. It affirmed that the abolition of the death penalty is an objective that forms part of the process of development of the European conscience and that the death penalty is incompatible with human dignity.
In conclusion, the case law of the European Court of Human Rights on Article 2 of the European Convention on Human Rights establishes that the protection of the right to life is a fundamental obligation of the State.
The Court emphasised that this protection requires positive action by the State, particularly in terms of prevention and investigation, and that any use of force by State agents must be strictly proportional to the legitimate objective pursued.
Finally, the Court affirmed that the death penalty constitutes a violation of Article 2 of the ECHR.