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Human Rights: Rules and Theory

Article 2 and Article 5: Life and Liberty

  • 3 things to know
  • Paper 3

Overview

Recall questions on the right to life in Article 2.1 and its exceptions in Article 2.2, and on the right to liberty in Article 5.1, the grounds for lawful detention and the safeguards in Articles 5.3 to 5.5.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Process

What right does Article 5.1 of the ECHR establish?

Numbers

What does Article 2.1 of the ECHR establish, and what obligation does it place on states?

Key term

What remedy does Article 5.4 provide to a person deprived of liberty?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does Article 2.1 of the ECHR establish, and what obligation does it place on states?

    Model answer

    Article 2.1 establishes the right to life and requires states to protect this right by law.

  2. 2

    Under Article 2.2 of the ECHR, when is the use of force justified in defence of a person?

    Model answer

    When force is absolutely necessary in defence of any person from unlawful violence.

  3. 3

    What exception to the right to life does Article 2.2 provide regarding arrest and detention?

    Model answer

    Force is justified where absolutely necessary to effect a lawful arrest or to prevent the escape of a person lawfully detained.

  4. 4

    Under Article 2.2, when may lethal force be justified in relation to public disorder?

    Model answer

    When force is absolutely necessary to quell a riot or insurrection.

  5. 5

    What right does Article 5.1 of the ECHR establish?

    Model answer

    The right to liberty and security of person, meaning no one shall be deprived of liberty except in specified cases and in accordance with a procedure prescribed by law.

  6. 6

    What ground for lawful detention is provided by Article 5.1(a) of the ECHR?

    Model answer

    Lawful detention after conviction by a competent court.

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