71
125(115) The Comisión Colombiana de Juristas and the Grupo Interdisciplinario de
los Derechos Humanos have incurred expenses related to processing this case before
the organs of the inter-American system for the protection of human rights, in
representation of some of the next of kin of the alleged victims.162
IX
ARTICLE 4 OF THE AMERICAN CONVENTION
(RIGHT TO LIFE)
IN RELATION TO ARTICLE 1(1) THEREOF
126. The State has acknowledged its responsibility for the violation of Article 4
(Right to Life) of the American Convention in this case (supra paras. 59, 64, 65 and
72). Nevertheless, as indicated in the section of this judgment entitled “Prior
Considerations,” the Court considers it essential to clarify some points relating to the
obligations established in this article (supra para. 81).
127.
Article 4(1) of the Convention stipulates that:
Every person has the right to have his life respected. This right shall be protected by
law and, in general, from the moment of conception. No one shall be arbitrarily
deprived of his life.
128. The right to life is a fundamental human right and its full enjoyment is
essential for the enjoyment of all the other human rights.163 If it is not respected, all
the other rights lack meaning. Owing to this fundamental characteristic, restrictive
approaches to it are inadmissible.164 Article 27(2) of the Convention establishes that
this right forms part of a group of rights that are non-derogable, because it is one of
the rights that cannot be suspended in time of war, public danger or other
emergency that threatens the independence or security of a State Party.165
129. Owing to the fundamental role assigned to it by the Convention, States are
obliged to guarantee the creation of the necessary conditions to ensure that
violations of this inalienable right do not occur, and also the obligation to prevent its
agents, or private individuals, from violating it.166 The object and purpose of the
Convention, as an instrument for the protection of the human being, requires the
162
Cf. vouchers for the costs and expenses incurred by the Comisión Colombiana de Juristas and the
Grupo Interdisciplinario por los Derechos Humanos (attachments to the requests and arguments brief,
tome Appendix I 2, folios 3943 to 3967).
163
Cf. Case of Baldeón García, supra note 5, para. 82; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 150; and Case of the Pueblo Bello Massacre, supra note 9, para. 120.
164
Cf. Case of Baldeón García, supra note 5, para. 82; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 150; and Case of the “Street Children” (Villagrán Morales et al.).
Judgment of November 19, 1999. Series C No. 63, para. 144. Likewise, cf. Eur.C.H.R., Nachova and
others v. Bulgaria [GC], nos. 43577/98 and 43579/98 Judgment of 6 July 2005, para. 94.
165
Cf. Case of Baldeón García, supra note 5, para. 82; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 150; and Case of the Pueblo Bello Massacre, supra note 9, para. 119.
166
Cf. Case of Baldeón García, supra note 5, para. 83; Case of the Sawhoyamaxa Indigenous
Community, supra note 9, para. 151; Case of the Pueblo Bello Massacre, supra note 9, paras. 120, 123
and 124. Likewise cf. Eur.C.H.R., Öneryildiz v Turkey, no. 48939/99, Judgment of 30 November 2004,
para. 71.
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