Crime CXII – Self Defense II

The right to defend oneself or the right of self defense is also provided in article 2 of the European Convention of human rights. Article 2 of the convention which is also known as the right to life reads as follows:-

  1. Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

  2. 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 defense 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

With reference to the article 2 of the European Convention of human rights, reasonable force can also be interpreted as force that is absolutely necessary and it might be easier to determine what reasonable force is or is not by looking at it from that perspective. Once again it depends on the situation and a court or jury can only decide what reasonable force is or force that is absolutely necessary is, after taking into account or looking at all the evidence that is presented to them.

Copyright © 2018 by Dyarne Ward

Leave a Reply

Your email address will not be published. Required fields are marked *