Use of force
Convention rights and issues I need to consider
Articles 2 Right to life, 3 Prohibition of torture, 8 Respect for private and family life, 14 Prohibition of discrimination
- Is there a justification for use of force (defence of self or others, effecting an arrest, quelling a riot)?
- Is the force strictly necessary and proportionate to the aim pursued, or could lesser force achieve the desired result?
- Does the force amount to torture or inhuman treatment?
- Have any injuries been promptly examined by a doctor?
- Are adequate records being kept against the possible need for an enquiry into the circumstances of the use of force?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?