Do you want BuboFlash to help you learning these things? Or do you want to add or correct something? Click here to log in or create user.



Tags
#freedom-of-person #human-rights #public
Question
[case] lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as an issue over the duty of command, control and training, so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
McCann

Tags
#freedom-of-person #human-rights #public
Question
[case] lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as an issue over the duty of command, control and training, so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
?

Tags
#freedom-of-person #human-rights #public
Question
[case] lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes life. The rationale for this lies in the fact that it is primarily the responsibility of the states themselves to investigate and remedy human rights breaches. If the state carries out a proper investigation, then there will be no need to invoke the ECHR, art 2 in this respect. The second is the more obvious and fundamental duty to refrain from unlawful killing. The question of exactly what constitutes an unlawful killing is often complicated by situations in which the agents of the state believe (or at least claim they believe) that the use of deadly force is necessary. This obligation is therefore more likely to be framed, as it was in McCann, as an issue over the duty of command, control and training, so that agents of the state are able to judge when to apply use of deadly force and are restrained from applying it when it is not required.
Answer
McCann
If you want to change selection, open original toplevel document below and click on "Move attachment"

Parent (intermediate) annotation

Open it
McCann lays down two obligations which are inherent in the state's duty to secure enjoyment of article 2 rights. The first is to investigate all situations in which the state directly takes lif

Original toplevel document (pdf)

cannot see any pdfs

Summary

statusnot learnedmeasured difficulty37% [default]last interval [days]               
repetition number in this series0memorised on               scheduled repetition               
scheduled repetition interval               last repetition or drill

Details

No repetitions


Discussion

Do you want to join discussion? Click here to log in or create user.