eu-charter

EU Charter of Fundamental Rights

Article 2 - Right to life

Article 2 - Right to life

1. Everyone has the right to life
2. No one shall be condemned to the death penalty, or executed.

  • Text:

    1. Paragraph 1 of this Article is based on the first sentence of Article 2(1) of the ECHR, which reads as follows:
    "1. Everyone's right to life shall be protected by law?"

    2. The second sentence of the provision, which referred to the death penalty, was superseded by the entry into force of Article 1 of Protocol No 6 to the ECHR, which reads as follows:
    "The death penalty shall be abolished. No-one shall be condemned to such penalty or executed." Article 2(2) of the Charter is based on that provision.

    3. The provisions of Article 2 of the Charter correspond to those of the above Articles of the ECHR and its Protocol. They have the same meaning and the same scope, in accordance with Article 52(3) of the Charter. Therefore, the "negative" definitions appearing in the ECHR must be regarded as also forming part of the Charter:

    (a) Article 2(2) of the ECHR:

    "Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: 
    (a) in defence of any person from unlawful violence;
    (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
    (c) in action lawfully taken for the purpose of quelling a riot or insurrection."

    (b) Article 2 of Protocol No 6 to the ECHR:

    "A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions ..."

    Source:
    Official Journal of the European Union C 303/17 - 14.12.2007
    Preamble - Explanations relating to the Charter of Fundamental Rights:
    These explanations were originally prepared under the authority of the Praesidium of the Convention which drafted the Charter of Fundamental Rights of the European Union. Although they do not as such have the status of law, they are a valuable tool of interpretation intended to clarify the provisions of the Charter.

0 results found

47 results found

  • Constitution of the Republic of Bulgaria
    Country:
    Bulgaria

     Article 28 Everyone shall have the right to life. Any attempt upon a human life shall be punished as a most severe crime.

  • КОНСТИТУЦИЯ на Република България
    Country:
    Bulgaria

    Чл. 28 Всеки има право на живот. Посегателството върху човешкия живот се наказва като най-тежко престъпление.

  • De Belgische Grondwet
    Country:
    Belgium

     Artikel 14bisDe doodstraf is afgeschaft.Artikel 18De burgerlijke dood is afgeschaft; hij kan niet opnieuw worden ingevoerd.

  • La Constitution Belge
    Country:
    Belgium

     Article 14bisLa peine de mort est abolie.Article 18La mort civile est abolie; elle ne peut être rétablie.

  • The Belgian Constitution
    Country:
    Belgium

     Article 14bisCapital punishment is abolished.Article 18Civil death is abolished; it cannot be re-introduced.

  • Bundes-Verfassungsgesetz (B-VG)
    Country:
    Austria

    Artikel 85 Die Todesstrafe ist abgeschafft.

  • Constitution of the Republic of Austria
    Country:
    Austria

    Article 85 Capital punishment is abolished.

0 results found

0 results found