| 释义 |
right to life
A right set out in Article 2 of the European Convention on Human Rights and now part of UK law as a consequence of the Human Rights Act 1998. Article 2 does not make the use of the death sentence unlawful; however, the Sixth and Thirteenth Protocols of the Convention do so and are included in the Human Rights Act (see capital punishment). Article 2 makes unlawful the use of lethal force where the use of force was greater than that which was absolutely necessary (this is a higher test than imposed by section 3 of the Criminal Law Act 1967). The right to life also imposes a duty on public authorities to take reasonable measures to protect life from threats from third parties such as private individuals and corporations (Osman v UK (2000) 29 EHRR 245 but also see Van Colle v Chief Constable of Hertfordshire [2008] UKHL 50, [2009] 1 AC 225). Article 2 also imposes a duty to ensure that any investigation of a death that might have been caused by a public body or that takes place where the state has a higher duty of care (e.g. a death in custody), is independent and effective (Jordan v UK (2003) 37 EHRR 2). |