shall be protected by law. No one shall be arbitrarily deprived of his life”.
22 The
reference to “inherent” emphasizes the high moral position of the right to life.
“Arbitrarily”
23 depriving someone life is to prohibit him/her from the right to be
part of human society.
24
The Convention for the Protection of Human Rights and Fundamental Freedoms
recognizes that persons have a right to life, and also to protect their own life, and the
lives of others from criminal use of force. The text reads in its Article 1:
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 convention of this article
when it results from the use of force which is no more than absolutely necessary:
(a) in defense of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained.
Thus, the text Article 2 reveals that it covers not only the case of intentional
killing but also exceptions where the “use of force” is permitted and may result in the
denial of life. Thus, the use of force depends on two principles: the principle of
necessity and the principle of proportionality.
1. Principle of necessity: The use of force must be “absolutely necessary” for the
attainment of one or more of the functions declared in sub-paragraphs (a) to (c) of
the second paragraph of Article 2:“A stricter and more compelling test of
necessity must be employed than that normally applicable when determining
whether State action is “necessary in a democratic society” under paragraphs 2 of
Articles 8 to 11 of the Convention. In particular, the force used must be strictly
proportionate to the achievement of the permitted aims.”
25
2. Principle of proportionality: Even if this principle does not appear in the text or
the Article, it is clearly established in the jurisprudence of the European Court of
Human Rights. In fact, “the force used must be strictly proportionate to the
achievement of the permitted aims”.
26
For this purpose, States have not only the duty to refrain from causing death in an
intentional and irregular manner, but also to take necessary measures to protect the
22 Other Conventions state the same legal rules: conventions for the protection of human rights:
European Convention on Human Rights (EHCR) (1950), Article 2; American Convention on
human Rights (1969), Article 4; African Charter on Human and People’ Rights, Article 4; the
Islamic Universal declaration of Human Rights, Article 1.
23 Which means: illegally or unfairly.
24 Tomuschat (2010), p. 3.
25 See : McCann and Others v. UK, 27 September 1995, §§ 148-149.
26 Ibid.
The Application of Human Rights and Ethics Principles to Self-. . .
397
22 The
reference to “inherent” emphasizes the high moral position of the right to life.
“Arbitrarily”
23 depriving someone life is to prohibit him/her from the right to be
part of human society.
24
The Convention for the Protection of Human Rights and Fundamental Freedoms
recognizes that persons have a right to life, and also to protect their own life, and the
lives of others from criminal use of force. The text reads in its Article 1:
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 convention of this article
when it results from the use of force which is no more than absolutely necessary:
(a) in defense of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully
detained.
Thus, the text Article 2 reveals that it covers not only the case of intentional
killing but also exceptions where the “use of force” is permitted and may result in the
denial of life. Thus, the use of force depends on two principles: the principle of
necessity and the principle of proportionality.
1. Principle of necessity: The use of force must be “absolutely necessary” for the
attainment of one or more of the functions declared in sub-paragraphs (a) to (c) of
the second paragraph of Article 2:“A stricter and more compelling test of
necessity must be employed than that normally applicable when determining
whether State action is “necessary in a democratic society” under paragraphs 2 of
Articles 8 to 11 of the Convention. In particular, the force used must be strictly
proportionate to the achievement of the permitted aims.”
25
2. Principle of proportionality: Even if this principle does not appear in the text or
the Article, it is clearly established in the jurisprudence of the European Court of
Human Rights. In fact, “the force used must be strictly proportionate to the
achievement of the permitted aims”.
26
For this purpose, States have not only the duty to refrain from causing death in an
intentional and irregular manner, but also to take necessary measures to protect the
22 Other Conventions state the same legal rules: conventions for the protection of human rights:
European Convention on Human Rights (EHCR) (1950), Article 2; American Convention on
human Rights (1969), Article 4; African Charter on Human and People’ Rights, Article 4; the
Islamic Universal declaration of Human Rights, Article 1.
23 Which means: illegally or unfairly.
24 Tomuschat (2010), p. 3.
25 See : McCann and Others v. UK, 27 September 1995, §§ 148-149.
26 Ibid.
The Application of Human Rights and Ethics Principles to Self-. . .
397