133. The recognition of the right to life imposes on States the obligation to go
beyond mere commitment to refrain from infringing on life to include the
obligation to prevent and deter infringements of this right by third parties. 36
As the Committee confirms, States have a duty “to exercise due diligence
to protect human life from harm by persons or entities whose conduct is not
attributable to the State”.37 This obligation extends to reasonably
foreseeable threats and to life-threatening situations38 even if they do not
actually result in loss of life.39
134. In its case law, the European Court of Human Rights (ECHR) has confirmed
that positive measures to guarantee the right to life must include the
establishment of effective criminal legislation backed by an enforcement
mechanism40 as well as the conduct of judicial enquiries aimed at ensuring
the effective application of domestic laws protecting the right to life, including
in cases involving the responsibility of State agents or organs.41
135. The Court recalls that States parties must take appropriate measures to
protect persons against deprivation of life by other States, international
organizations and foreign companies operating on their territory42 or in other
areas under their jurisdiction. They must also take legislative or other
measures to ensure that any activity taking place in all or part of their
territory or in other locations under their jurisdiction must be compatible with
Article 4 of the Charter. Such an obligation applies to all acts having direct
and reasonably foreseeable impact on the right to life of persons outside
their territory, including activities carried out by companies based in their
territory or under their jurisdiction.43
36
Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi (represented by Zimbabwe
Human Rights NGO Forum v. Zimbabwe, ACHPR, Communication No. 295/04, 2 May 2012, § 139;
ECHR, Case of L.G.B. v. the United Kingdom, 9 June 1998, § 36
37 HRC, General Comments no. 36, § 7.
38Ibid § 26.
39Ibid § 7.
40 ECHR, Osman v. the United Kingdom, 28 October 1998, § 115.
41 ECHR, Anguelova v. Bulgaria, 21 October 2010, § 137.
42 HRC, General Comments no. 36, § 22.
43 Ibid, § 22.
34