Article 2

Everyone’s right to life shall be protected by law.

The right to life is an absolute right which means that there is a duty on states and public authorities not to take away anyone’s life; and a positive duty to take reasonable steps to protect life; and to ensure effective and proper investigation into all deaths in custody.

The public authority therefore has a duty to take steps to protect against risk to life, for example by preventing suicide, through negligence or severe malnutrition.

What this means for local authorities

Local authorities may require to take steps to prevent suicides of vulnerable residents in care, where they are aware, or should be aware of the risk of suicide. This will extend to an obligation to protect the life of vulnerable people from risk of neglect by others, such as in relation to children who may require to be removed from the care of their parents to prevent risk of death through neglect or abuse.

Case law examples

• In the case of Osman v UK, the European Court of Human Rights decided that the police are under an obligation to take reasonable steps to protect the life of an individual where the police were aware that there was a real and immediate risk to life. This has lead to the police issuing so-called “Osman letters” where they become aware that the life of a particular individual is under threat.

• In the case of Savage v South Essex Partnership NHS Foundation Trust, the House of Lords found that a hospital was liable for their failure to prevent the suicide of Mrs Savage where they were aware, or should have been aware, of a real and immediate risk to her life through self harm and they failed to do all that they could reasonably have done to avoid or prevent that risk.