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?

<p>In clearly defined circumstances as outlined in Article 6 (C)</p> Signup and view all the answers

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

<p>To investigate unlawful taking of life (C)</p> Signup and view all the answers

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

<p>Right to life (B)</p> Signup and view all the answers

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

<p>It accepts certain limitations to the right to life (A)</p> Signup and view all the answers

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

<p>It affirms the right can never be suspended (A)</p> 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?

<p>Yuzepchuck v Belarus (C)</p> Signup and view all the answers

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

<p>Non-refoulement and protection from the death penalty (C)</p> 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?

<p>Protecting life of detainees (C)</p> Signup and view all the answers

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

<p>An obligation to live in dignity (B)</p> Signup and view all the answers

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

<p>At birth (B)</p> 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?

<p>Environmental degradation (B)</p> Signup and view all the answers

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

<p>Al-Rabassi v Libya (A)</p> 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?

<p>Safe and legal abortion (B)</p> Signup and view all the answers

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

<p>A concerted effort to destroy a national, ethnic, racial, or religious group (A)</p> Signup and view all the answers

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

<p>Genocide (D)</p> Signup and view all the answers

Flashcards

Right to life (Article 6 ICCPR)

A fundamental, supreme right that cannot be taken away, essential for other rights, and applicable from birth to death.

Derogation of right to life

Restrictions or limitations on the right to life are not permitted under Article 6 ICCPR.

Limitations to right to life

The death penalty and non-arbitrary lethal force in self-defense are acceptable restrictions under specific conditions.

Negative duty of the State

Obligation of a state to avoid arbitrary killings.

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Positive duty of the State

Responsibility of a state to protect human life.

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Jus cogens norm

A fundamental principle of international law that cannot be violated.

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Investigative right

The right to investigate a suspected unlawful taking of life, even if historical, in order to enforce international laws.

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International Crime of Genocide

Crimes against humanity involving mass killings with the intent to destroy a particular group.

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Article 6(2) and Article 14 relationship

There's a link between Article 6(2) (right to life) and Article 14 (prevention of discrimination). If circumstances don't meet the standards, a death penalty could violate the right to life.

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Arbitrary killing

Using lethal force in a way that's not justified under international law. It's often linked to a lack of due process or a lack of investigation/accountability after a killing.

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Duty to investigate (after a killing)

A state's obligation to look into deaths suspected of being caused by state actions or violations of human rights. This includes a full investigation with clear documentation showing findings.

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Non-refoulement

States can't send people to another country if there's a significant risk they'll be harmed or executed, it's an important facet of international law.

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Duty to protect life (positive duty)

A state's responsibility to actively prevent someone from being harmed or killed, especially by 3rd parties.

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Genocide

Deliberate and systematic acts to destroy a national, ethnic, racial, or religious group, according to the Genocide Convention in international law. This is a horrific international crime.

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Right to live with Dignity

Living with basic respect and not facing inhumane treatment. This overlaps with various socio-economic rights.

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Right to Life Begins at Birth

A general idea in international human rights law that the right to life is most often applied from the moment of birth.

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Extra-territorial dimension (Article 6)

States shouldn't send people to other countries where they are at high risk of losing their lives.

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Positive Obligation(to protect)

obligation for a State to actively work to ensure a person's right to life is not compromised.

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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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