Human Rights Committee continues to discuss a draft General Comment on the Right to Life

Human Rights Committee

28 October 2015

The Human Rights Committee this afternoon continued its discussion on a draft General Comment on Article 6 of the International Covenant on Civil and Political Rights on the right to life. 

Article 6 states that every human being has the inherent right to life.  This right shall be protected by law.  No one shall be arbitrarily deprived of his life.  In countries which have not abolished the death penalty, the sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime.  This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

The Committee discussed changes made to paragraphs 2, 3 and 4 of the draft.  The proposed paragraph 2 refers to the definition of the right to life for all human beings as the supreme right from which no derogation is permitted even in times of war and other public emergencies.  The proposed paragraph 3 reads that the right to life concerns the entitlement of human beings to be free from acts and omissions expected to cause their unnatural or premature death, as well as their legitimate expectation to enjoy a dignified existence.  Article 6 guarantees this right for all human beings, including persons suspected or convicted of serious crimes, such as terrorist crimes.  The proposed paragraph 4 reads that paragraphs 2, 4, 5 and 6 of Article 6 of the Covenant set out specific safeguards for ensuring that where national or international legal instruments do not totally prohibit the death penalty, it shall be exercised only in the most exceptional cases and under the strictest limits.

Committee Experts discussed whether there was a hierarchy in human rights, and whether the right to life was a prerequisite for the enjoyment of other rights.  Many rights could be considered as sources for the enjoyment of other rights.  Some Experts suggested that it was important not to include any notion of hierarchy because that could lead to a doctrinal debate.  Nevertheless, they agreed that the notion of the interdependence of human rights could be included in paragraph 2.

It was proposed that paragraph 3 start with the following sentence: “It is a right which should not be interpreted narrowly.”  As for the notion of “dignified existence” in paragraph 3, some Experts noted that it was open to value judgments, and they suggested that it could be replaced with “living in dignity” or with “enjoy life with dignity.”

Other Experts found that “dignified existence” was acceptable, but noted that it was too general and that States’ obligations should be listed.  Another paragraph listing States’ obligations could be added, or they could be spelled out in paragraph 23. 

It was also suggested that the notion of the protection of the right to life by law be included in paragraph 3.      

Experts disagreed on whether the reference to terrorist crimes in paragraph 3 should be kept.  Some noted that it should be kept due to the fact that several States had reintroduced the death penalty for terrorist crimes.  There were proposals to replace it with a more general reference “most serious crimes.” 

An Expert asked that the reference to “legitimate expectation to enjoy a dignified existence” be replaced with “entitlement to enjoy a dignified existence.”

An Expert warned against the renewal of the Cold War dichotomy in the protection and promotion of human rights.  All human rights encompassed the same obligations for States, and the same types of limitations and positive actions.  The non-derogated nature of the right to life should be emphasized.

As for paragraph 4, there was a need to stress that there should be no derogation of the right to life, and that States should not apply the death penalty in an arbitrary manner.  An Expert suggested that paragraph 4 should also include a reference to massacres, in addition to the reference to the Genocide Convention. 

The next public meeting of the Committee will take place on Friday, 30 October, at 3 p.m., when the Committee will continue its discussion on the draft General Comment on Article 6.

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For use of the information media; not an official record

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