Chapter 4 Key facts checklists

Chapter 4 Key facts checklists

Right to life and freedom from ill-treatment
  • The right to life is non-derogable in peacetime and freedom from ill-treatment is an absolute right.
  • Article 2 has exceptions which allow the state to use lethal force but only when strictly necessary.
  • Article 2 jurisprudence raises controversial issues concerning the beginning and the end of life: abortion, right to die, and the death penalty.
  • Article 3 is absolute even where there may be a threat to the life of others that can be averted by using ill-treatment on a suspect.
  • The Court has developed positive obligations under Article 2 and 3, which have expanded protection.
Back to top