approach reflects the Charter’s ambition to ensure a better life
for all the people and peoples of Africa through its recognition
of a wide range of rights, including the right to dignity,
economic, social and cultural rights, and peoples’ rights such as
the right to existence and the right to peace. It is also rooted in
widely shared communal values of the continent, according to
which the value of one person’s life is tied to the value of the
lives of others.
(4)
Article 4 of the Charter enshrines the right to life as follows:
‘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 right.’ Other African
legal instruments protecting the right to life include: Article 4 of
the Protocol to the African Charter on Human and Peoples’
Rights on the Rights of Women in Africa; and Articles 5 and 30
of the African Charter on the Rights and Welfare of the Child.
A. The nature of the right and of the obligations of the
State in respect of the right to life
(5)
The right to life is universally recognised as a foundational
human right. It is guaranteed by Article 4 of the African Charter
and all of the other main global and regional human rights
instruments. The right not to be arbitrarily deprived of one’s life
is recognised as part of customary international law and the
general principles of law, and is also recognised as a jus cogens
norm, universally binding at all times. The right to life is
contained in the constitutions and other legal provisions of the
vast majority of African and other States. All national legal
systems criminalise murder, and arbitrary killings committed or
tolerated by the State are a matter of the utmost gravity.
(6)
The right to life should not be interpreted narrowly. In order to
secure a dignified life for all, the right to life requires the
realisation of all human rights recognised in the Charter,
including civil, political, economic, social and cultural rights
and peoples’ rights, particularly the right to peace.
(7)
States have a responsibility under the Charter to develop and
implement a legal and practical framework to respect, protect,
8