ABSTRACT
Article 2 imposes a positive obligation on the state, raising the question of the state’s duty to provide the health care necessary to save life. This will include public authorities, including health authorities and NHS Trusts (as stated above, according to the Lord Chancellor it will include doctors treating NHS patients but not private patients). It is an oft-stated principle in the European Court that the concept that ‘everyone’s right to life shall be protected by law’ enjoins the state not only to refrain from taking a person’s life ‘intentionally’ but also to take appropriate steps to safeguard life.5 The question for lawyers now is how far UK courts can develop that principle in the area of medical law and clinical guidelines.