The Protection of the Right to Health Under Article 2 of the European Convention on Human Rights

Abstract

In the case LCB v United Kingdom the European Court of Human Rights (Court) noted that: “the first sentence of
Article 2 (of European Convention on Human Rights) enjoins the State not only to refrain from the intentional and unlawful taking
of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction.” In the case Cyprus v Turkey the
Court observed that:“an issue may arise under Article 2 of the Convention where it is shown that the authorities of a Contracting
State put an individual’s life at risk through the denial of health care which they have undertaken to make available to the
population generally.”It follows that the obligation to protect life has been extended in the sphere of health care by the Court. In
this regard, the paper attempts to determine the existence, scope and breach of the positive obligation regarding provision of
health care under Article 2 of the ECHR based on the jurisprudence (case-law) of the Court.