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Discuss the extent of the states obligations under articles 2 and 3 of the European Convention on Human Rights.

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Introduction

NAME: Mohammed Zaki Sheikh 99070738 Subject: Human Rights Law 17-3 Date of Submission: 10/04/2002 The European Court of Human Rights was set up in 1959 in Strasbourg to deal with alleged violations of the 1950 European Convention on Human Rights. On 1st November 1998 a permanent Court was established, replacing the original two-tier system of a part-time Commission and Court. The Human Rights Act 19981 is based on the Universal Declaration of Human Rights2 at the general assembly of the United Nations on 10th December 1948. Discuss the extent of the states obligations under articles 2 and 3 of the European Convention on Human Rights? 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. The introduction of a "right to life" in the Human Rights Act does not mean that states must always strive to prolong life, but that specific consideration must be given to this right. ...read more.

Middle

Treatment without valid consent could also be deemed to breach Article 8. Human Rights Issue in R(Pretty) v Director of Public Prosecutions [2002]13 Mrs Dianne Pretty, the appellant suffers from motor neurone disease, a progressive degenerative illness from which she has no hope of recovery. She has only a short time to live and faces the prospect of a humiliating and distressing death. She is mentally alert and would like to be able to take steps to bring her life to a peaceful end at a time of her choosing. But her physical incapacity is now such that she can no longer, without help, take her own life. With the support of her family, she wishes to enlist the help of her husband to that end. He himself is willing to give such help, but only if he can be sure that he will not be prosecuted under section 2(1) of the Suicide Act 1961 for aiding and abetting her suicide. Asked to undertake that he would not under section 2(4) of the Act consent to the prosecution of Mr Pretty under section 2(1) if Mr Pretty were to assist his wife to commit suicide, the Director of Public Prosecutions has refused to give such an undertaking. P submitted that: (i) s.2(1) of 1961 Act was incompatible with the European Convention on Human Rights; (ii) Art.2 of the Convention, when read with Protocol 6 Art.1 and Protocol 6 Art.2 of the Convention, guaranteed that an individual could choose whether or not to live; (iii) the DPP's refusal subjected P to inhuman or degrading treatment in breach of Art.3 of the Convention; (iv) ...read more.

Conclusion

1 Right to life (Article 2) ,Prohibition of torture, inhuman or degrading treatment or punishment (Art 3) Prohibition of slavery and forced labour (Article 4) ,Right to liberty and security (Article 5) Right to a fair trial (Article 6) ,No punishment without law (Article 7) ,Right to respect for private and family life (Article 8) ,Freedom of thought, conscience and religion (Article 9), Freedom of expression (Article 10) , Freedom of assembly and association (Article 11) , Right to marry (Article 12) Prohibition of discrimination (Article 14) , Restrictions on political activity of aliens (Article 16) Prohibition of abuse of rights (Article 17) , Limitation on use of restrictions on rights (Article 18) 2 "Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom" 3 X-v-FRG Appl, (1984) 4 X-v-UK (1978) 14 DR 31 5 Osman v Uk 1998 29 EHRR 245 6 A National Health Service Trust v D & Ors 2000 7 PvS The Guardian 7/10/2000 http://www.guardian.co.uk/Archive/Article/0,4273,4073366,00.html 8 http://news.bbc.co.uk/hi/english/talking_point/newsid_1886000/1886500.stm 9 Tanko-v-Finland (1994) 10 D-v-UK [1997] 24 EHRR 423 11 Herczegfalvy-v-Austria (1992) 15 EHRR 437 12 X-v-FRG (1984) 7 EHRR CD 152 13 http://www.parliament.the-stationery-office.co.uk/pa/ld200102/ldjudgmt/jd011129/pretty-5.htm 14 Thlimmenos v Greece (2000) 31 EHRR 411 15 http://www.lawtel.co.uk/cgi-bin/W3Vlawsrch?MO=9&UI=32242239324058646968&DB=LAWTEL&ST=CL&RI=C0102048 16 http://home.vicnet.net.au/~vesv/DrMoor1.html 17 http://www.willamette.edu/wucl/pas/pasupdateoctober2001.html 18 http://www.pbs.org/wgbh/pages/frontline/kevorkian/ 19 DR. JACK KEVORKIAN operates on a simple philosophy: People have a right to avoid a lingering, miserable death by ending their own lives with help from a physician who can ensure that they die peacefully. 20 http://www.amazon.com/exec/obidos/ASIN/0440507855/freecomputersoft/103-8379613-9755069 21 http://www.hemlock.org/default.asp 22 http://press.coe.int/cp/2002/043a(2002).htm 23 http://www.minjust.nl:8080/c_actual/persber/pb0846.htm 24 http://www.iuscomp.org/gla/statutes/GG.htm#2 25 http://www.rights.org/deathnet/research.html 26 http://www.angelfire.com/retro/germany/november.htm ?? ?? ?? ?? ...read more.

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