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TESTE DEIN WISSEN
Explain the positive duty of prevention of suicide by prisoners.
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TESTE DEIN WISSEN
Explanation: The state must ensure that prisoners are protected from commiting suicide when they are imprisoned and they can do this by removing anything they could hang themselves with.

Cases: Keenan v UK

Facts of the Case:

The applicants son had commited suicide while serving a prison sentence for assault. He had been medically monitored by the prison doctor but while in prison he had managed to hang himself.

Law: 

The positive obligations under article 2 must be interpreted in a way which does not impose an impossible or disproportionate burden on the authorities.



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TESTE DEIN WISSEN
Explain the positive duty regarding protecting against medical malpractice.
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TESTE DEIN WISSEN
Explanation:

There is an argument that deaths resulting from the medical malpractice and negligence of the state should involve the responsibility of the state.

Case:

Powell v Uk (2000):

It was stated that medical negligence does not result in a breach of article 2 so long as the state complies with its general duty to protect the lives of patients.

Also the court made it clear that ‘mere error or medical negligence’ is not sufficient.


Lösung ausblenden
TESTE DEIN WISSEN
What does Non-derogoable mean?
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TESTE DEIN WISSEN
This means absoulute- the right cannot be limited or suspended under any circumstance.
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TESTE DEIN WISSEN
Explain the duty of protection of individuals from the violence of others.
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TESTE DEIN WISSEN
Explanation: They need to protect people from being harmed by those who are violent. e.g. criminal acts.

Cases: Osman v Uk

Conclusions: 
Article 2 could impose a duty on a public authority to take all reasonable steps to protect a person from a real and immediate risk to his or her life.


Lösung ausblenden
TESTE DEIN WISSEN
What does article 2 state?
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TESTE DEIN WISSEN
Article 2 states that everyones right to life shall be protected by law. However loss of life does not breach article 2 when it results in the use of force which is no more than absolutely neccessary in the defence of a person from unlawful violence, in order to effect a lawful arrest or to prevent the escape of a person lawfully detained, in action taken for the purpose of quelling a riot or insurrection.
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TESTE DEIN WISSEN
What happened in the case of Mccann v UK
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TESTE DEIN WISSEN
Police shot bomb suspects but this breached article 2 as there was inadequate planning.
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TESTE DEIN WISSEN
What does article 2 state regarding ending of life?
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TESTE DEIN WISSEN
Article 2 states that everyones right to life shall be protected by law however loss of life does not breach article 2 when it results from loss and ending of life. 


Lösung ausblenden
TESTE DEIN WISSEN
Why is the case of Osman V UK important?
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TESTE DEIN WISSEN
There was no breach of article 2 as there was no real and immediate risk from the teacher to Osman.
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TESTE DEIN WISSEN
Why is the case of Robinson v CC of West Yorkshire Important?
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TESTE DEIN WISSEN
It was ruled that police owe a duty of care to protect people from dangers they create.
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TESTE DEIN WISSEN
What is the difference between a positive and negative duty?
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TESTE DEIN WISSEN
Positive is to protect that right and negative is to not take the right away.
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TESTE DEIN WISSEN
What is meant by margin of appreciation?
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TESTE DEIN WISSEN
The discretion a state has in making rules to comply with the ECHR
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TESTE DEIN WISSEN
What are the article 2 laws regarding suicide?
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TESTE DEIN WISSEN
The suicide act 1961 decriminalised suicide so it is no longer a criminal offence to take your own life however the suicide act 1961 makes it a criminal offence to aid a suicide and this has implications for euthanasia. 
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Q:
Explain the positive duty of prevention of suicide by prisoners.
A:
Explanation: The state must ensure that prisoners are protected from commiting suicide when they are imprisoned and they can do this by removing anything they could hang themselves with.

Cases: Keenan v UK

Facts of the Case:

The applicants son had commited suicide while serving a prison sentence for assault. He had been medically monitored by the prison doctor but while in prison he had managed to hang himself.

Law: 

The positive obligations under article 2 must be interpreted in a way which does not impose an impossible or disproportionate burden on the authorities.



Q:
Explain the positive duty regarding protecting against medical malpractice.
A:
Explanation:

There is an argument that deaths resulting from the medical malpractice and negligence of the state should involve the responsibility of the state.

Case:

Powell v Uk (2000):

It was stated that medical negligence does not result in a breach of article 2 so long as the state complies with its general duty to protect the lives of patients.

Also the court made it clear that ‘mere error or medical negligence’ is not sufficient.


Q:
What does Non-derogoable mean?
A:
This means absoulute- the right cannot be limited or suspended under any circumstance.
Q:
Explain the duty of protection of individuals from the violence of others.
A:
Explanation: They need to protect people from being harmed by those who are violent. e.g. criminal acts.

Cases: Osman v Uk

Conclusions: 
Article 2 could impose a duty on a public authority to take all reasonable steps to protect a person from a real and immediate risk to his or her life.


Q:
What does article 2 state?
A:
Article 2 states that everyones right to life shall be protected by law. However loss of life does not breach article 2 when it results in the use of force which is no more than absolutely neccessary in the defence of a person from unlawful violence, in order to effect a lawful arrest or to prevent the escape of a person lawfully detained, in action taken for the purpose of quelling a riot or insurrection.
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Q:
What happened in the case of Mccann v UK
A:
Police shot bomb suspects but this breached article 2 as there was inadequate planning.
Q:
What does article 2 state regarding ending of life?
A:
Article 2 states that everyones right to life shall be protected by law however loss of life does not breach article 2 when it results from loss and ending of life. 


Q:
Why is the case of Osman V UK important?
A:
There was no breach of article 2 as there was no real and immediate risk from the teacher to Osman.
Q:
Why is the case of Robinson v CC of West Yorkshire Important?
A:
It was ruled that police owe a duty of care to protect people from dangers they create.
Q:
What is the difference between a positive and negative duty?
A:
Positive is to protect that right and negative is to not take the right away.
Q:
What is meant by margin of appreciation?
A:
The discretion a state has in making rules to comply with the ECHR
Q:
What are the article 2 laws regarding suicide?
A:
The suicide act 1961 decriminalised suicide so it is no longer a criminal offence to take your own life however the suicide act 1961 makes it a criminal offence to aid a suicide and this has implications for euthanasia. 
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