ECHR ARTICLES 2 AND 8

March 23rd, 2023 by James Goudie KC

R (ANGELL) v SOS for HEALTH and SOCIAL CARE (2023) EWHC 495 (Admin) is concerned with whether there is a breach of the ECHR by failing adequately to inform the public about potential health risks. Stacey J states that Judicial Review is not an appropriate vehicle for determining contested scientific matters: paras 59 and 60. She further states that ECHR Article 2 requires the establishment of a framework designed to provide effective deterrence against threats to the rights of life: paras 62-66 inclusive, and for the purpose of Article 8 severe environmental pollution could affect private and family life: paras 48, 49 and 67. State authorities have a positive obligation to provide access to essential information enabling individuals to assess risks to their health and lives: paras 50 and 76. In certain circumstances that duty can extend to providing such information, rather than merely providing access to it: para 51.

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