
Contents
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10.1 Introduction 10.1 Introduction
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10.2 Article 2 of the ECHR 10.2 Article 2 of the ECHR
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10.2.1 Article 2 generally 10.2.1 Article 2 generally
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10.2.2 The exceptions in Article 2(2) 10.2.2 The exceptions in Article 2(2)
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10.2.3 Does self-defensive killing fall under the scope of Article 2? 10.2.3 Does self-defensive killing fall under the scope of Article 2?
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10.3 Defence of Property and Article 2 10.3 Defence of Property and Article 2
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10.4 Mistake about the Need to Use Self-Defensive Force and Article 2 10.4 Mistake about the Need to Use Self-Defensive Force and Article 2
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10.4.1 The decision of the Commission in Kelly 10.4.1 The decision of the Commission in Kelly
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10.4.2 The judgment in McCann 10.4.2 The judgment in McCann
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10.4.3 The judgment in Andronicou 10.4.3 The judgment in Andronicou
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10.4.4 The missed opportunity in Caraher 10.4.4 The missed opportunity in Caraher
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10.4.5 The first case to find a violation: Gül 10.4.5 The first case to find a violation: Gül
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10.4.6 Completing the account of the Article 2(2) case law 10.4.6 Completing the account of the Article 2(2) case law
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10.4.7 What can we conclude about the ECHR and mistaken belief in self-defence? 10.4.7 What can we conclude about the ECHR and mistaken belief in self-defence?
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10.5 State Officials and Private Citizens 10.5 State Officials and Private Citizens
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10 The Impact of the European Convention on Human Rights
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Published:December 2006
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Abstract
This chapter examines the impact of Article 2 of the European Convention on Human Rights (the right to life) on the law of self-defence. It concludes that Article 2 clearly does not permit lethal force to be used in defence of property. It is also argued that any jurisdiction (such as England and Wales) that permits self-defence as a complete defence where the accused held an unreasonable belief that force was necessary breaches Article 2. This is clearly the case where the force was used in error by a state official. The duty imposed on the state by article 2 to adequately protect its citizens from threats to their life means that the law should not permit an unreasonable mistake to ground a complete defence more generally — even where the accused is a private citizen.
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