Osman v. United Kingdom (1998): The case that established the State’s ‘duty to prevent’
“If the police knew about the danger but didn’t stop it, is that a human-rights violation?” — This question created a new legal obligation.
Hello, this is Bora. Today I’d like to talk about the important right-to-life case of the European Court of Human Rights, Osman v. United Kingdom (1998). In a case where an ordinary teacher became obsessively fixated on his student and committed murder, it turned out that the police knew of the risk in advance yet took no action. The victim’s family argued that the State failed to fulfill its ‘positive obligations’ to protect the right to life (Article 2) and the right to family life (Article 8). This case rewrote the classic question of “how far does State responsibility extend?”
Table of Contents
Case background and key figures
Late 1980s, London. A teacher, Paul Pestic, began to show a pathological obsession with his student, Ahmet Osman. He stalked and threatened the student’s family and ultimately murdered Osman’s father and seriously injured Ahmet.
The problem was that this tragedy was sufficiently foreseeable. The police had already received multiple warnings and were aware of Pestic’s dangerous behavior, yet took little action. The victim’s family sued in the UK courts and at the ECtHR, claiming police irresponsibility was a direct cause. The issue was not just a homicide, but whether the State has a positive obligation to protect individuals’ lives.
Legal issues and the parties’ arguments
The legal focus lay on the interpretation of Article 2 (right to life) and Article 8 (right to family life) of the ECHR. The Osman family argued that by failing to act despite being aware of the risk, the police effectively violated the right to life. The UK government countered by invoking “police discretion and immunity,” denying responsibility.
| Issue | Osman family (Applicants) | UK Government (Respondent) |
|---|---|---|
| Article 2 – Right to life | The State has a duty to protect citizens’ lives from foreseeable risks | It is impossible for the police to be responsible for preventing all crime |
| Article 8 – Family life | The State’s inaction disrupted the family’s peaceful life | Public authority intervention is permissible only within lawful limits |
Ultimately the core question was this: “How far must the State intervene to prevent violence between private individuals?” — This case revealed the delicate boundary between human-rights protection and State power.
The ECtHR’s judgment and reasoning
In 1998, the ECtHR delivered two important holdings. First, it found that the broad immunity granted by UK courts to the police violated the right to a fair trial (Article 6). Second, however, it held that the police’s inaction itself did not amount to a breach of Article 2 in this case.
- Where there is a “real and immediate risk,” the State has a duty to take reasonable measures to prevent it.
- This duty is limited to concrete, knowable risks — not to preventing all crime.
- Excessive police immunity effectively deprives victims of any meaningful remedy.
In short, while the Osman family’s Article 2 claim was dismissed, they partially prevailed because their “right of access to justice” was infringed by police immunity. This stands as one of the first cases to recognize both a ‘duty to prevent’ and a ‘right of legal access’ under human-rights law.
Evolution and limits in the interpretation of the right to life
The Osman judgment was a key milestone that expanded Article 2 from a merely ‘negative right’ to a ‘positive duty of protection’. The Court stated that where the State recognizes a risk to life in advance, it must take commensurate measures. At the same time, it confined the scope, recognizing a realistic limit: the State is not responsible for “all foreseeable risks.”
It is regarded as the first case to delineate the ‘conditions of application’ of the right to life with precision: the risk must be ‘real and immediate’, and State responsibility arises only where the police knew or ought to have known of that risk and failed to take reasonable measures. This became a baseline in many subsequent cases.
Related cases and international ripple effects
Osman has served as a benchmark in later cases discussing the State’s ‘duty to prevent’. It is frequently cited when evaluating police omissions in contexts such as domestic violence, child abuse, and stalking.
| Case | Core holding | Relation to Osman |
|---|---|---|
| Keenan v. UK (2001) | Violation found for failure to prevent a prisoner’s suicide | Applies Osman’s ‘real and immediate risk’ standard |
| Kontrová v. Slovakia (2007) | State responsibility recognized for failure to protect a domestic-violence victim | Extension of Osman: explicit duty of proactive police response |
As a result, Osman became the starting point for a new legal doctrine across Europe and beyond: the State’s duty of care toward foreseeable risks.
Contemporary significance and legal implications
Today, Osman serves as a core standard for assessing ‘State inaction’. It remains relevant when determining the scope of obligations of public bodies — social services, police, healthcare, schools — to safeguard citizens’ safety.
- The moment the State recognizes a ‘foreseeable risk,’ its obligation to protect life is activated.
- Police immunity is not absolute; victims’ access to justice must also be guaranteed.
- Osman established the right to life as a tool to check ‘State irresponsibility.’
Ultimately, though it began with one family’s tragedy, the case remains a benchmark answer to the foundational human-rights question, “When must the State act?”
Frequently Asked Questions (FAQ)
Primarily Articles 2 (right to life), 6 (right to a fair trial), and 8 (right to family life) of the ECHR.
Because it first recognized that the State can bear a ‘duty to prevent’ even in relation to violence between private individuals.
Only in part. It found the UK’s position on broad police immunity unlawful under Article 6, but it did not find a violation of Article 2 on the facts.
It means the obligation to protect life arises only where there exists a concrete, immediate risk that the State knew or ought to have known about.
No. Some immunity remains, but victims’ access to the courts was strengthened after Osman.
It is cited to assess pre-emptive State duties in domestic violence, stalking, school violence, and omissions by public authorities.
Conclusion: “We didn’t know” is no excuse
The Osman judgment reshaped the human-rights landscape. Previously, the State was seen primarily as an entity that must “not commit violence”; now it has evolved into one that must “prevent violence.” The case asks us: “If the State knew of the danger yet stood by, is that not violence in silence?” — Protecting life is not only about punishing offenders but begins with the courage to prevent. Even today, the same questions persist: school violence, domestic abuse, hate crimes — the warnings have sounded many times. Osman shows that “we didn’t know” can no longer be a shield of immunity.
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