ICCPR Article 6: Right to Life

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Questions and Answers

What is described as the 'supreme right' that is necessary for the enjoyment of all other human rights?

The right to freedom of expression

The right to privacy

The right to education

The right to life (correct)

Which of the following is a limitation to the right to life as envisioned in Article 6?

Death penalty under specific circumstances (correct)

Right to die

Rights of freedom of assembly

No arbitrary detention

What is the negative duty of a state regarding the right to life?

To actively promote public awareness about life

To ensure everyone receives healthcare

To prevent all forms of killing

To refrain from arbitrary killing (correct)

Under what circumstances does the ICCPR allow for the death penalty?

In clearly defined circumstances as outlined in Article 6 Signup and view all the answers

What is considered a serious obligation of states under the right to life in relation to genocide?

To investigate unlawful taking of life Signup and view all the answers

Which of the following rights is categorized as non-derogable under any circumstances?

Right to life Signup and view all the answers

How does the concept of 'collateral damage' relate to the right to life under International Humanitarian Law (IHL)?

It accepts certain limitations to the right to life Signup and view all the answers

What aspect of the right to life does the ICCPR Article 4 address regarding derogation?

It affirms the right can never be suspended Signup and view all the answers

Which of the following cases established that the death penalty can violate the right to life if certain circumstances are not met?

Yuzepchuck v Belarus Signup and view all the answers

What do the cases Shakeel v Canada and Choudhary v Canada primarily relate to?

Non-refoulement and protection from the death penalty Signup and view all the answers

Which of the following best aligns with the horizontal duty to protect life as outlined in HRC GC No. 36?

Protecting life of detainees Signup and view all the answers

What does the right to life generally imply according to international human rights law?

An obligation to live in dignity Signup and view all the answers

In the context of international law, when is life generally considered to begin?

At birth Signup and view all the answers

Which of the following issues are linked to the right to life according to HRC General Comment No. 36?

Environmental degradation Signup and view all the answers

Which case directly addresses the issue of the state's duty to prevent and investigate disappearances?

Al-Rabassi v Libya Signup and view all the answers

According to international human rights law, which of the following is NOT considered a violation of the right to life?

Safe and legal abortion Signup and view all the answers

What is the legal definition of genocide as outlined in the Genocide Convention?

A concerted effort to destroy a national, ethnic, racial, or religious group Signup and view all the answers

Which of the following is an established international crime under the Rome Statute?

Genocide Signup and view all the answers

Study Notes

Article 6 ICCPR: Right to Life

Inherent Right: The right to life, as described in Article 6 ICCPR, is a supreme right, non-derogable, and essential for enjoying other rights, from birth until death.
Non-Derogable: The right to life cannot be suspended, even during public emergencies.
Limitations: The right to life is susceptible to two limitations: the death penalty and the use of non-arbitrary lethal force in self-defense.
Negative Duty: States have a negative duty to refrain from arbitrary killings.
Positive Duty: States have a positive duty to protect life, encompassing proactive measures to safeguard individuals from threats.
Extra-Territorial Dimension: States have an obligation to prevent citizens from being subjected to the risk of loss of life in other countries.
Duty to Investigate: States must investigate any suspected or alleged unlawful killings and disappearances.
Protection of Victims: States must protect victims from further violence.
Connection to Other Rights: The right to life is intertwined with socio-economic rights (e.g., environmental protection, food security).

Limitations on the Right to Life

Death Penalty: Article 6 allows for the death penalty in specific circumstances, adhering to legal safeguards (e.g., 6(2), 6(4), 6(5), 6(6)). However, its use in other circumstances violates Article 6.
Non-Arbitrary Use of Lethal Force: States must exercise self-defense responsibilities in a non-arbitrary manner.

Other Key Concepts

When does life begin?: Generally, International Human Rights law considers life begins at birth.
When does life end?: There is no universal agreement on a ‘right to die with dignity’.
- International Human Rights law generally opposes this idea.
- The UN Human Rights Committee does not outright forbid this in all cases.
Genocide: Article 6 of the Rome Statute, Article 2 of the Genocide Convention and various ad hoc tribunals define genocide and identify it as a violation of the right to life.
International Humanitarian Law (IHL): IHL often reinforces the right to life, prohibiting some weapons and actions (e.g., willful killing of protected people). However, it acknowledges instances of collateral damage.

State Obligations

Investigative rights under the Convention: States are legally obligated to investigate the taking of life (legal or unlawful, historical violations included).
Horizontal Duty: States have a duty to protect individuals from threats posed by various actors(individuals, criminal gangs, and corporations)
Duty to protect detainees: States are responsible for the safety and well-being of those detained.

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Description

Explore the fundamental principles of the right to life as outlined in Article 6 of the ICCPR. This quiz covers the inherent, non-derogable nature of this right, its limitations, and the duties states have to protect life. Test your knowledge on how these principles apply both domestically and extraterritorially.