Recognising the Imminence of Suicide Risk—Reframing Positive Obligations Under the European Convention on Human Rights

ABSTRACT This article reframes the concept of imminence of suicide risk of mentally ill offenders under Article 2 of the European Convention on Human Rights, which enshrines the right to life. The proposal is based on Article 2 domestic violence jurisprudence which has built its knowledge of lethal risk by reference to relevant expertise. It is argued that by embedding research on the fundamental link between mental health history and future risk of suicide in detention in its case‐law, the Court can reflect a better understanding of, and therefore respond more effectively to, risk to life in this area.