Article 2. - Right to life
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 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.
Uitleg in duidelijke taal
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.
This provision establishes that every person's right to life shall be protected by law. It further states that no one shall be deprived of his life intentionally, except when it is in the execution of a sentence of a court following their 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:
This provision clarifies that a deprivation of life shall not be regarded as inflicted in contravention of this Article (meaning, not a violation of this Article) when it results from the use of force which is no more than absolutely necessary in the following specific circumstances:
(a) in defence of any person from unlawful violence;
This refers to when the force is used 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;
This refers to when the force is used 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.
This refers to when the force is used in action lawfully taken for the purpose of quelling a riot or insurrection.
Gerelateerde rechtspraak
ECLI:NL:HR:2013:765 - Strafrechtelijke immuniteit gemeente bij handhaving milieurecht (Probo Koala) - 23 september 2013
De Hoge Raad bevestigt dat een gemeente strafrechtelijke immuniteit geniet voor het gedogen van een overtreding van de Wet milieubeheer. Deze handhavingsbeslissing is een exclusieve bestuurstaak die naar haar aard alleen door een bestuursorgaan kan worden verricht, conform de criteria uit het Pikmeer II-arrest.