Article 2 difficulties

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  • Created by: Twil
  • Created on: 11-12-15 19:06
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  • Article 2 Difficult cases
    • Keenan v UK Suicide in custody. Mentally disturbed prisoner in punishment block.  Not an Article 2 violation as experts disagreed with diagnosis, but punishment was an Article 3 violation  as man was disturbed.
    • Paton v UK 1981 Abortion would deprive father of rights under article 8.
      • Not a breach of article 2 as Fetus is not a victim (not legally alive).
    • Ireland can forbid abortion under the margin of appreciation but cannot forbid mums to go abroad for abortion (breach of article 8)
    • Euthanasia Widmar v Switzerland 1993. Challenged legality of euthanasia in Swtld.  Not upheld.
    • Termination of medical treatment may breach Article 2
      • Re A conjoined twins 2001- separation would be fatal for one. Held not to be a breach of Article 2
      • NHS Trust v D 2000 Baby with irreversible untreatable lung disease. Parents wanted treatment but NHS wanted palliative care. Not a breach of article 2
      • Airedale NHS Trust v Bland 1993.  Hillsborough disaster victim in persistent vegetative state. OK to stop feeding.
    • R (on application of Pretty) v DPP 2002 Asked for an agreement that husband would not be prosecuted for assisting in suicide as her condition breached Articles 2, 3 and 8. Failed
    • Debbie Purdy (multiple sclerosis) wanted to go to Switzerland to Dignitas.  Would her husband be implicated for accompanying her to Switzerland.   DPP asked  provide info to ascertain which criteria were used to decide if he would be prosecuted. If risky, she'd go early to Switzerland.  If reassured about prosecution she’d stay alive longer.


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