How Does English Law Protect the Right to Life?

English law protects the right to life by making unlawful killing a criminal offence, allowing some civil claims after a death, and requiring public authorities to protect life under Article 2 of the European Convention on Human Rights, given effect in UK law by the Human Rights Act 1998.

Criminal law

Murder and manslaughter punish unlawful killing. Criminal law also aims to deter it: a person who causes a death may be investigated, prosecuted and, if convicted, sentenced. A prosecution is brought by the state; its purpose is not to compensate the victim’s family.

Civil law

A civil claim may provide compensation where someone’s wrongful conduct caused a death. For example, if a driver negligently kills a pedestrian, the deceased person’s estate or eligible dependants may have a claim. They must establish the relevant legal requirements, including that the wrongdoing caused the death. A death alone does not automatically establish civil liability.

A person may also bring a claim under the Human Rights Act where a public authority has breached Article 2. Available remedies depend on the circumstances.

Article 2 duties

Article 2 does more than prohibit the state from unlawfully taking life. It requires the state to have a legal framework that protects life and, in some circumstances, to take reasonable steps to protect an individual from a real and immediate risk that authorities knew or ought to have known about. Where a death may involve state responsibility, Article 2 can also require an effective investigation. An inquest can form part of that investigation, but it does not decide criminal or civil liability.

Exam mistake to avoid: Do not say that every death is an Article 2 breach, or treat criminal punishment and civil compensation as the same remedy. Identify the particular duty or offence, then apply its requirements to the facts.