Lecture notes about Right to life focusing on positive obligation to protect life, legal protection of life, Parameters of life, Permissible deprivation of life, Genocide and Limitations on current provisions. Notes include real life examples such as Covid-19, dealth penalties, abortions as well as...
‘Most fundamental of all rights’
It is a non-derogable right – Human rights committee, general comment 6
Not an absolute right – can die in an armed conflict- soldiers in war/ can die of covid
Right to life transcends both humanitarian law and human rights
Positive obligation to protect life
- Why a state is obligated to protect life
o State must do something to protect life
What steps should states take
- Legal protection of life
o Enacting criminal legislation
o To what extend should states protect an individual against criminal behaviour
Akkoe v turkey – protection against murder
o They have on onligation to investigate death
Akkoe v turkey – 12-day investigation with little testimony – inadequate
o Healthcare
Art 25 of the universal declaration – adequate standard of living
Parameters of life
- Problem
o Moral and religious controversy over the beginning of life
o Right to end of life
When someone is dying in hospital bed – euthanasia
Death penalty
Abortion
Times of armed conflict
- Generally – ‘the time of birth’
- No agreed international guidance on abortion
- Evans v the UK 2007
Permissible deprivation of life
- Death penalty
o Goes again right to life
o US, China, Iran, Saudi Arabia – still have death penalty – international law doesn’t
deal with them, they persuade (incentives) them to do less death penalties
o Death by Action of state security forces
States may authorise lethal force for example to prevent a greater loss of life
or to quell a riot or insurrection
McCann, Farrell and savage v The UK – terrorist threat
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