면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Human Rights
European Court of Human Rights
1998

Osman v United Kingdom

(1998) 29 EHRR 245

판결 이유

Article 2 ECHR imposes a positive obligation on the state to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another, where the authorities knew or ought to have known of the risk.

사실관계

A teacher developed an obsessive attachment to a pupil. Despite warnings to police, the teacher shot and killed the pupil's father and injured the pupil.

판결 요약

The ECtHR held that Article 2 could impose a positive duty to protect life, but on the facts the authorities had not failed in that duty. The 'Osman test' requires knowledge of a real and immediate risk to life.

주요 인용문

"It must be established that the authorities knew or ought to have known at the time of the existence of a real and immediate risk to the life of an identified individual."

The Court

후속 처리

Foundational

The Osman test is routinely applied in positive obligation cases under Article 2.