(40) The right to life cannot be enjoyed fully by individuals whose
lives are threatened. In the case of death threats this implies that
the State must investigate and take all reasonable steps to
protect the threatened individuals. Similarly, States should not
violate the principle of non-refoulement, through extradition or
other mechanisms, by transferring or returning individuals to
circumstances where their lives might be endangered.
I.
Interpreting the right to life broadly
(41) The right to life should be interpreted broadly. The State has a
positive duty to protect individuals and groups from real and
immediate risks to their lives caused either by actions or
inactions of third parties. In cases where the risk has not arisen
from malicious or other intent then the State’s actions may not
always be related to criminal justice. Such actions include, inter
alia, preventive steps to preserve and protect the natural
environment and humanitarian responses to natural disasters,
famines, outbreaks of infectious diseases, or other emergencies.
(42) Attention is also required to address more chronic yet pervasive
threats to life, for example with respect to preventable maternal
mortality, by establishing functioning health systems and
eliminating discriminatory laws and practices which impact on
individuals’ and groups’ ability to seek healthcare.
(43) Given the role of the State in the enjoyment of a number of
other rights which might, collectively, be constitutive of the
condition of life, especially a dignified life, its progressive
realisation of various economic, social and cultural rights will
contribute to securing a full and dignified life. Violations of such
rights may in certain circumstances therefore also entail
violations of the right to life.
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