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A The landmark decision of McCann & Others v.UK is the first time that the European Court of Human Rights has decided a case on the most basic human right of all, the right to life. The dramatic facts arose out of an attempted bombing mission in Gibraltar in 1988 by three members of an IRA active service unit. They were shot dead in the street by SAS soldiers who believed that they were armed and about to detonate a remote control bomb in a vehicle parked in a public place. After the shooting, it was discovered that all these assumptions were erroneous. The Court’s finding of a breach of Article 2 of the European Convention on Human Rights infuriated the British Government. The decision, by the narrow margin of ten to nine, was contrary to both the spirit of the 1988 inquest in Gibraltar, where a jury had decided by majority that the killings were lawful, and the opinion of the European Commission.
Could you define what the right to life means?
Was the right to life violated by the decision of the British judges?
Article 2 states that “Everyone’s right to life shall be protected by law”.
IRA – the Irish Republican Army
SAS – special air service
For more information on abbreviations see Units 13-14.
B In each of the following situations, one or more of the articles from the Universal Declaration of Human Rights has been broken or abused. Match each of the situations with the relevant articles (1-10):
1. A man has his house broken into and his television stolen. He goes to the police but they tell him to go away because they have more important things to do.
2. Archie White, a magistrate, has his car stolen. The police arrest and charge the man they think is responsible. The next day the man is taken to court for an initial hearing. The chairman of the justices (the head magistrate) in the courtroom is Archie White. He tells the members of the public that they have to leave the courtroom.
3. Two friends, one white and one black, have been threatened with violence. They go to the police to ask for protection. The police agree to help the white man, but not the black man.
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