lOO.As the Commission has already emphasised in Forum of Conscience v Sierra Leone,
the right to life is the basis of all other rights; it is the source from which other
rights flow; and any unjustified violation of this right amounts to an arbitrary
deprivationc. In the Ogiek case, the African Court on Human and Peoples' Rights
(the African Court) returned to this fundamental character of the right to life,
indicating that all other rights and freedoms depend on this right>. The African
Court considers that to deprive someone of life-is to eliminate the very holder of
those rights and freedoms.
;:~~\
'
lOl.The United Nations Human Rights Committee-considers' tpat lithe right to life
encompasses the right of persons to be free from acts and, o~issions intended to
cause, or expected to cause, their unnatural or premature death,
to live with
dignity">. It is in this sense th',lt this Committee indicated th~t deprivation of life
involves deliberate or at least foreseeable and preventibte ::'parm (damage or
injury) caused by an act or omission, which results in the termiI!:ation of life>. The
Commission is of the,oRinion that the State has a duty to take positive and
concrete measures to guarantee the right to)ife, especially in the case of vulnerable
and exposed persons, whose~9re B~$omes,tl hi~h priority».
and
102. The Commission would first like to recall that economic, social and cultural rights
are programmatic rights. This means that each State sets itself objectives to achieve
in order:" to fulfil them. Therefore, their implementation depends on the means
availabl~:t0"each State. Unlike civil and political rights, where each State is obliged
to refrain from>violating them, the State is obliged to realize economic, social and
cultural 'tights.
\~,i;
103. In its Resoluti2~ :tjJ.135 OIl:i)Maternal~o~tali~
in :Vrica, the Co~ssion
a!so
stated that prev~Fltable maternal mortality IS a violation of women's nghts to life,
dignity and equ~1ity protected by the African Charter on Human and Peoples I
Rights and the Maputo Protocole. This same idea was expressed by the
Commission in its General Comment No.3 where it stated that States must
address chronic yet pervasive threats to life including preventable maternal
mortality by building operational health systems and eliminating discriminatory
laws and practices that impact on the ability of individuals and groups to seek
health care29•
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