Every human being has inherent rights to life. This right shall not be arbitrarily
deprived of his life.
Similarly, Article 4 of the African Charter provides that:
Human beings are inviolable. Every human being shall be entitled to respect for his
life and the integrity of his person. No one may be arbitrarily deprived of this rights.
Deprivation of life involves deliberate or other foreseeable and preventable life
terminating harm or injury caused by an act or omission.
However, it must be noted that the right to life is not absolute. By requiring that
deprivations of life must not be arbitrary Article 6(1) of the ICCPR and 4 of the
African Charter implicitly recognizes that some deprivations of life be non-arbitrary
and thus legal.
The right to life is to be protected by law. In other words, States must establish a
legal framework to ensure the full enjoyment of the right to life by all individuals.
The duty extends to obligations to take appropriate legal measures to protect life
from all foreseeable threats including threat from government agents, private
persons and other entities.
The African Commission on Human and Peoples’ Rights in Comment No. 3 relating
to the nature and scope to the right to life encapsulated the jurisprudence in the
following words:
The right to life covers issues including extra-judicial killings by State agents. The
right to life is protected in core regional and universal human rights instruments
including the African Charter on Human and Peoples’ Rights (Art 4). Disregard for
civilian loss of life may also involve violation of the right to life.
The Commission inter alia opines that the right covers protection of life not in the
narrow sense but includes dignified life requiring in a broad interpretation of State
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