Note 1 European Court of Human Rights, Herczegfalvy v. Austria, 24 September 1992, Series A No. 244, §82.
Note 2 (Article 2) not only safeguards the right to life but sets out the circumstances when the deprivation of life may be justified; Article 2 ranks as one of the most fundamental provisions in the Convention - indeed one which, in peacetime, admits of no derogation under Article 15. Together with Article 3 of the Convention, it also enshrines one of the basic values of the democratic societies making up the Council of Europe. As such, its provisions must be strictly construed”, European Court of Human Rights, McCann and others v. the United Kingdom, 27 September 1995, §147.
Note 3
Note Herczegfalvy v. Austria, §82.
Note 4 Ibid. The Court pointed out that it had to satisfy itself that this necessity had been convincingly shown to exist.
Note 5 European Court of Human Rights, Ireland v. the United Kingdom, 18 January 1978, Series A No. 25, §162.
Note 6 European Court of Human Rights, A. v. the United Kingdom, 23 September 1998, § 22. States must consequently take legislative or other measures to ensure that individuals within their jurisdiction, especially the most vulnerable - which includes the terminally ill and the dying - are not subjected to inhuman or degrading treatments. Moreover, in a case involving very exceptional circumstances, the Court pointed out that the expulsion of a patient in the terminal phase of AIDS to a country where health conditions were unfavourable would constitute inhuman treatment, given that his expulsion would expose him to a real risk of dying in particularly painful circumstances; see European Court of Human Rights, D. v. the United Kingdom, 2 May 1997, Reports 1997/III, No. 37, §53-54.
Note 7 European Court of Human Rights, Herczegfalvy v. Austria, §86; European Commission of Human Rights , X v. Austria No. 8278, 18 DR 154 at 156 (1979) (blood test), Peters v. Netherlands No. 21132/93, 77-A DR 75 (1994) (urine test).
Note 8
Note The World Health Organisation defines palliative care as “the active total care of patients whose disease is not responsive to curative treatment. Control of pain, of other symptoms and of psychological, social and spiritual problems is paramount. The goal of the palliative care is achievement of the best possible quality of life for patients and their families" (quoted in the Parliamentary Assembly of the Council of Europe, Report on the Protection of the human rights and dignity of the terminally ill and the dying, Doc. 8421, 21 May 1999, by Ms Edeltraud Gatterer).
Note 9 This work is mentioned in the interim reply adopted by the Ministers’ Deputies on 30 October 2000.
Note 10 For example, for Articles 9 and 11 of the Convention (respectively, the freedom not to have a religion and freedom not to associate with others). (See, for example, the European Court of Human Rights, Buscarini and others v San Marino, 18 February 1999, § 34, and European Court of Human Rights Sigurdur Sigurjonsson v. Iceland, 30 June 1993, § 35)