magnify
Home Posts tagged "right to life"

Two Times Too Many: Botswana and the Death Penalty

Published on March 30, 2018        Author: 
Twitter
Facebook
Google+
LinkedIn
Follow by Email

Without wanting to trivialise the hard work needed to litigate human rights cases, it is often implementation that is considered the pinnacle of achievement. Put simply, it is one thing to convince a commission or court that a countries’ policies or actions contravene a human rights instrument, it is quite another for that country to implement the decision. A blog post therefore about another failure by another country to implement another human rights decision may not immediately pique the interest of EJIL:Talk! Readers. But I hope this case might just do so.

In November 2015, the African Commission on Human and Peoples’ Rights rendered a decision following a case brought by NGOs Interights and Ditshwanelo acting on behalf of detainee Mr Oteng Modisane Ping, challenging Botswana’s use of the death penalty. The complainants alleged, inter alia, that the death penalty is by its very nature a violation of Article 4 (right to life) of the African Charter on Human and Peoples’ Rights. In addition, they argued that Botswana’s specific death penalty procedures also violated of Articles 1, 4 and 5 of the African Charter. In particular, they contended that hanging violated the prohibition of torture and cruel, inhuman and degrading treatment under Article 5 of the African Charter.

Whilst the African Commission did not go so far as to declare the death penalty itself in contravention of the African Charter, it did pronounce that the use of hanging as a method of execution violated Article 5 of the African Charter (the decision can be accessed here, see in particular paragraph 87). This pronouncement was lauded by many as a significant step towards the eradication of the death penalty in Africa, since hanging is a form of execution favoured by several African countries. (Although it should be noted that the African Commission does not render binding decisions like its judicial cousin the African Court on Human and Peoples’ Rights, but rather recommendations.) Read the rest of this entry…

 

Securing the Right to Life: A cornerstone of the human rights system

Published on May 11, 2016        Author: 
Twitter
Facebook
Google+
LinkedIn
Follow by Email

The right to life has been described as the ‘supreme’ or ‘foundational’ right. Efforts to ensure other rights can be of little consequence if the right to life is not protected.

In the broadest sense, the prohibition of the use of force except under narrowly defined circumstances, both in armed conflict and interpersonally, reflects a pre-occupation with the protection of this core human value. The criminal justice and other mechanisms of investigation are also aimed at ensuring the protection of life. The linkage of the term ‘right to life’ to a specific position in the debate about abortion in the North American context hardly does justice to the terrain covered by this concept.

The duty to respect and protect the right to life manifests itself on numerous terrains: The excessive use of force by law enforcement agencies or others (such as hit squads whose actions can be attributed to the state); the death penalty; the responsibility of states for the lives of those in their custody (for example in prisons); and the failure to exercise due diligence to protect members of the public from violence by other individuals or groups. The right to life also continues to apply during armed conflict. A violation of the right to life is irreversible. It is for this reason that it is important to underline that the protection of the right to life has two components: the prohibition of arbitrary deprivations of life, and accountability where they occur. A lack of accountability in itself constitutes a violation of this right.

The right to life is a well-established and developed part of international law, in treaties, custom, and general principles, and, in its core elements, in the rules of jus cogens. Its primacy and the central features of the prohibition on arbitrary deprivations of life are not contested. Nonetheless, in practice, life remains cheap in many parts of the world. This is true in the many armed conflicts that are raging, but also outside such conflicts, where police and others authorised or tolerated by states often use excessive force, or there is a failure to investigate homicides.

The great importance attached to this right is reflected in a flurry of recent developments in this field, aimed at setting out the norms more clearly or ensuring their better realisation. We have been pleased to be able to contribute to several of them: Read the rest of this entry…