Taking ‘the right to life’ seriously: addressing the role of ‘the right to life’ in the context of assisted dying

This article highlights the crucial role of the right to life protected in Article 2 of the European Convention of Human Rights (‘ECHR’) within the context of assisted dying. It notes four different potential roles for Article 2, with a special focus on its positive obligations and including an argument that the United Kingdom may be in violation of its positive obligations under the provision because of the unavailability of assisted dying domestically. The article is also a reminder of established, but also recent Strasbourg jurisprudence that highlights the need for safety when assisted dying is offered as an option by a Member State. We argue that Article 2 has the potential to play a crucial role in ensuring that Member States find the right balance between choice and safety, in protecting both the lives of those who may be at risk by the availability of the option, while also allowing individuals to choose death over life when they so choose. This will strike the right balance between Article 8 and Article 2, but also within Article 2 itself, with the ‘right to life’ of different individuals engaged.