Judging the Charter
The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers
1. Everyone has the right to life.
2. No one shall be condemned to the death penalty, or executed.
Paragraph 1 of this Article is based on the first sentence of Article 2(1) of the ECHR. The second sentence of the provision, which referred to the death penalty, was superseded by the entry into force of Article 1 of Protocol No 6 to the ECHR. The provisions of Article 2 of the Charter correspond to those of the above Articles of the ECHR and its Protocol. They have the same meaning and the same scope, in accordance with Article 52(3) of the Charter. Therefore, the ‘negative’ definitions appearing in the ECHR must be regarded as also forming part of the Charter.
Source:
Official Journal of the European Union C 303/17 - 14.12.2007