16
Article 4(1) of the American Convention provides that “[e]very
person has the right
to have his life respected. […] No one shall be arbitrarily deprived of his life .” The Inter73.
American Court has held that the right to life plays a fundamental role in the American Convention, as it is
the condition sine qua non for the exercise of all other rights. The observance of Article 4, in relation to
Article 1(1) of the American Convention, presupposes not only that no person may be deprived of his life
arbitrarily (negative obligation), but also requires the States to adopt all appropriate measures to protect
and preserve the right to life (positive obligation), pursuant to the obligation to ensure to all persons
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subject to its jurisdiction the full and free exercise of their rights.
74.
The inter-American human rights system has affirmed the States’ obligation to act with
73
due diligence in response to human rights violations. This duty involves four obligations: the obligation
to prevent, the obligation to investigate, the obligation to punish and the obligation to make reparations for
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human rights violations. The Court has written the following in this regard:
This obligation implies the duty of States Parties to organize the governmental apparatus and, in
general, all the structures through which public power is exercised, so that they are capable of
juridically ensuring the free and full enjoyment of human rights. As a consequence of this
obligation, the States must prevent, investigate and punish any violation of the rights recognized by
the Convention and, moreover, if possible attempt to restore the right violated and provide
75
compensation as warranted for damages resulting from the violation.
75.
The IACHR has held that protection of the right to life is a critical component of a State’s
due diligence obligation to protect women from acts of violence. This legal obligation pertains to the
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entire state institution, and includes as well any obligations the State has to prevent and respond to
77
actions of non-state actors and private parties.
76.
Thus, the inter-American human rights system has asserted that the State’s obligation to
act with due diligence in cases of human rights violations also applies, under certain circumstances, to
the actions of non-state actors, third parties or private parties. The Court has emphasized that:
[s]aid international responsibility may also be generated by acts of private individuals not
attributable in principle to the State. The States Party to the Convention have erga omnes
obligations to respect protective provisions and to ensure the effectiveness of the rights set forth
therein under any circumstances and regarding all persons. The effect of these obligations of the
State goes beyond the relationship between its agents and the persons under its jurisdiction, as it is
also reflected in the positive obligation of the State to take such steps as may be necessary to
ensure effective protection of human rights in relations amongst individuals. The State may be
found responsible for acts by private individuals in cases in which, through actions or omissions by
its agents when they are in the position of guarantors, the State does not fulfill these erga omnes
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obligations embodied in Articles 1(1) and 2 of the Convention.
72
I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 16, 2009. Series C No. 205, paragraph 245.
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See I/A Court H.R., Case Velásquez Rodríguez. Judgment of July 29, 1988. Series C No. 4, paragraph 172.
74
See I/A Court H.R., Case Velásquez Rodríguez. Judgment of July 29, 1988. Series C No. 4, paragraph 172.
75
I/A Court H.R., Case of Velásquez Rodríguez, Judgment of July 29, 1988, Series C No. 4, paragraph 166.
76
See, IACHR, Report No. 80/11, Case 12.626, Jessica Lenahan (Gonzales) et al. (United States), July 21, 2011,
paragraph 128.
IACHR, Report No. 28/07, Cases 12.496-12.498, Claudia Ivette Gonzalez et al. (Mexico), March 9, 2007, paragraphs
247-255; I/A Court H.R. Case of González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 16, 2009. Series C No. 205, paragraph 245.
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See, IACHR, Report No. 28/07, Cases 12.496-12.498, Claudia Ivette Gonzalez et al. (Mexico), March 9, 2007,
paragraphs 247-255.
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I/A Court H.R., Case of the Mapiripán Massacre. Judgment of September 15, 2005. Series C No. 134, paragraph 111.