The Right to Life
In the case of McCann, the European Court has laid down that the right to life is perhaps the most basic human right and it is appropriate to say that it is the first substantive right in the European Convention of Human Rights. Article 2 of the Convention guarantees the Right to life. It provides that everyone's right to life shall be protected by law and 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. It is further laid down that 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.
Thus, Article 2 of the Convention ensures that the right to life is everybody’s right and it is the obligation of the state to secure it. The obligation is positive when steps are taken to protect life and it is negative in respect of the duty to refrain from taking life. On behalf of the state, such obligations carried out through its agents, officers and respective departments.
