Page 43 - web
P. 43

ISSUE No. 446

Rights states that «Every human being has the                states: The right to life is an inherent right of every
inherent right to life». This signifies that it is an        person. The law protects this right, and no one shall be
inherent right derived from the very existence               arbitrarily deprived of their life.
of human beings, and the role of the law is to               The African Charter on Human and Peoples› Rights
acknowledge this right rather than establish it..            (1981) states in Article (4): Human beings are
Therefore, the law must protect this right, and it is        inviolable. Every human being shall be entitled to
prohibited to arbitrarily deprive anyone of it.              respect for his life and the integrity of his person. No
Similarly, regional agreements have emphasized the           one may be arbitrarily deprived of this right.
need to protect this right. The European Convention          However, what are the obligations that states have
on Human Rights (1950) states in Article (2) that            towards this right?
everyone has the right to life, and the law protects this    States parties to human rights agreements have
right. No one shall be intentionally deprived of their       several positive obligations related to the right to life,
life except in the execution of a judicial sentence for a    all of which fall under the general positive obligation
crime punishable by law with the death penalty. The          to protect and preserve this right. These obligations
American Convention on Human Rights (1969) also              include:
states in Article (4) that everyone has the right to have    - The obligation to promote the culture of human
their life respected, and this right is protected by law.    rights and recognize the right to life as an individual›s
In general, this right is protected from the moment of       right within society that must be preserved,
conception, and no one shall be arbitrarily deprived of      safeguarding their spirit and body.
their life.                                                  - The obligation to protect the lives of all individuals
The Cairo Declaration on Human Rights in Islam               under their jurisdiction or control, including the
(1990) also affirms this right in Article (2): A. Life is a  protection of the lives of persons deprived of their
divine gift and is guaranteed to every human being.          liberty, detainees, or arrested. Enforced or involuntary
Individuals, communities, and states are responsible         disappearances of individuals can be attributed to
for protecting this right against any assault, and           the failure of the states themselves to take positive
no person shall be deprived of their life without            measures, and it constitutes a violation of the right to
legitimate grounds.                                          life. Similarly, the disappearance or unexplained death
The Arab Charter on Human Rights (2004) is another           of detainees or arrested persons during detention by
agreement that emphasizes this right. Article (5)            public, security, military, or judicial authorities within

                                                             43
   38   39   40   41   42   43   44   45   46   47   48