intertwines the right to life with the inviolability of human beings, strictly
proscribing any arbitrary deprivation of life.
173. General Comment No. 3 on the African Charter on Human and Peoples’
Rights: The Right To Life (Article 4)49 provides that:50
The Charter imposes on States a responsibility to prevent arbitrary
deprivations of life caused by its own agents, and to protect individuals and
groups from such deprivations at the hands of others. It also imposes a
responsibility to investigate any killings that take place, and to hold the
perpetrators accountable. This intersects with the general duty, recognised
in the Charter, of all individuals to exercise their rights and freedoms with due
regard to the rights of others...
174. General Comment No.3(11)51 (2015) stipulates that:
As part of their broader duty to secure the conditions for dignified life, States
have a particular responsibility to protect the human rights, including the right
to life, of individuals or groups who are frequently targeted or particularly at
risk, including on the grounds listed in Article 2 of the Charter and those
highlighted in resolutions of the Commission.
175. Finally, General Comment No. 3(39) (2015) provides that:
The State is responsible for killings by private individuals which are not
adequately prevented, investigated or prosecuted by the authorities. These
responsibilities are heightened when an observable pattern has been
overlooked or ignored, such as is often the case with respect to mob-justice,
gender-based violence, femicide, or harmful practices. States must take all
appropriate measures effectively to respond to, prevent and eliminate such
patterns or practices.
General comment 3 on the African Charter on Human and Peoples’ Rights: The Right To Life (Article
4), Adopted During the 57th Session of the African Commission on Human and Peoples’ Rights held
from 4 to 18 November 2015, in Banjul, the Gambia.
50 General comment 3(4) on Article 4 of the Charter.
51 General Comment 3(11) on Article 4 of the Charter.
49
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