Under Article 2.2 of the ECHR, what is the first circumstance in which deprivation of life may be justified?

When it results from the use of force which is no more than absolutely necessary in defence of any person from unlawful violence.

According to Article 2.2 of the ECHR, when may deprivation of life be justified in relation to arrest or detention?

When it results from the use of force which is no more than absolutely necessary in order to effect a lawful arrest or to prevent the escape of a person lawfully detained.

Under Article 2.2, in what situation involving public disorder may deprivation of life be justified?

When it results from the use of force which is no more than absolutely necessary in action lawfully taken for the purpose of quelling a riot or insurrection.

What requirement applies to action taken to quell a riot or insurrection for it to fall within Article 2.2?

The action must be lawfully taken and the force used must be no more than absolutely necessary.

AQA A-Level Law 7162

The Nature of Law

Topic overview Distributive and Corrective Justice Theories of Justice: Rawls, Nozick and Marx What Law Does in Society How Law and Morality Are Enforced Moral Diversity in a Pluralist Society The Hart-Devlin Debate Procedural Justice and Utilitarianism The Rule of Law: Core Requirements Law, Rights and the Resolution of Disputes Fault and Strict Liability Where Law and Morality Overlap Wolfenden and R v Brown Aristotle on Justice Justice through Civil and Criminal Law Criminal and civil law compared Custom, statute and common law as sources Equality, Fairness and Clarity before the Law

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The European Convention ArticlesHuman rights

Topic overview Freedom of Association and Its Limits Article 2: Justified Deprivation of Life Article 5: Lawful Arrest and Detention Article 8: Private and Family Life Article 11: What It Protects Article 2: Negative and Positive Obligations The Article 2.2 Exceptions in Detail Article 5.1: Liberty and Security of Person Detention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and Review Article 10.1: Freedom of Expression Which Paragraphs Permit Restriction The Grounds for Lawful Detention Enforcing Rights in Strasbourg and by Judicial Review

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Human Rights and English LawHuman rights

Topic overview The Right to Life in English Law Protective Policing and the Osman Test Deprivation of Liberty in English Law Privacy in English Law Expression, Assembly and Association in English Law

The European Convention Articles

The Article 2.2 Exceptions in Detail

3 things to know
Paper 3

Overview

Recall questions on defence from unlawful violence, the detention-related purposes and the quelling of a riot or insurrection.

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

What two detention-related purposes does Article 2.2 recognise as potentially justifying the use of lethal force?

Key term

What standard must be met for force to be justified under Article 2.2 when defending a person from unlawful violence?

Numbers

Does Article 2.2 create positive permissions for the state to kill?

Questions from this subtopic

Each one with the model answer underneath.

1
Under Article 2.2 of the ECHR, what is the first circumstance in which deprivation of life may be justified?
Model answer
When it results from the use of force which is no more than absolutely necessary in defence of any person from unlawful violence.
2
According to Article 2.2 of the ECHR, when may deprivation of life be justified in relation to arrest or detention?
Model answer
When it results from the use of force which is no more than absolutely necessary in order to effect a lawful arrest or to prevent the escape of a person lawfully detained.
3
What two detention-related purposes does Article 2.2 recognise as potentially justifying the use of lethal force?
Model answer
Effecting a lawful arrest and preventing the escape of a person lawfully detained.
4
Under Article 2.2, in what situation involving public disorder may deprivation of life be justified?
Model answer
When it results from the use of force which is no more than absolutely necessary in action lawfully taken for the purpose of quelling a riot or insurrection.
5
What requirement applies to action taken to quell a riot or insurrection for it to fall within Article 2.2?
Model answer
The action must be lawfully taken and the force used must be no more than absolutely necessary.
6
What standard must be met for force to be justified under Article 2.2 when defending a person from unlawful violence?
Model answer
The force must be no more than absolutely necessary.

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