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Right to Life (Article 4 of the American Convention)
85.
Article 4.1 of the American Convention establishes 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.
86.
In addition, Article 1(1) of the American Convention stipulates the following:
The States Parties to this Convention undertake to respect the rights and freedoms recognized
herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those
rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion,
political or other opinion, national or social origin, economic status, birth, or any other social
condition.
87.
With regard to the right to life, the Inter-American Commission has followed the progress
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toward making this right effective since the 70s. The IACHR has also repeatedly expressed that
governments have an obligation to maintain public order and protect the life and safety of their inhabitants.
With regard to the right to life, the Commission has added that “although a reminder would seem
unnecessary, it can never be suspended,” and that governments cannot under any circumstances, use
illegal or summary execution.” This obligation is established both in the constitutions of the States and in
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those international instruments that protect the fundamental rights of human beings.
88.
For its part, the Inter-American Court has established the following:
The right to life plays a fundamental role in the American Convention as it is the essential for the
exercise of the other rights. When the right to life is not respected, all the other rights are
meaningless. States have the obligation to guarantee the creation of the conditions required in order
to ensure that violations of this basic right do not occur and, in particular, the duty to prevent its agents
from violating it. Compliance with Article 4 of the American Convention, in relation to Article 1(1)
thereof, requires not only that no person be deprived of their life arbitrarily (negative obligation), but
also that States adopt all appropriate measures to protect and preserve the right to life (positive
obligation), under their obligation to ensure the full and free exercise of the rights of all those subject
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to their jurisdiction.
89.
established,
The Commission observes that according to what the Inter-American Court has
The State has a legal duty to take reasonable steps to prevent human rights violations and to use
the means at its disposal to carry out a serious investigation of violations committed within its
jurisdiction, to identify those responsible, to impose the appropriate punishment and to ensure the
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victim adequate compensation.
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See for example: IACHR, Annual Report 1970, OAS/Ser.L/V/II.25, Doc. 9 (Spanish) Rev., March 12, 1971, Original:
Spanish; IACHR, Annual Report 1971, OAS/Ser.L/V/II/.27, Doc. 11 rev., March 6, 1972, Original: Spanish; IACHR, Annual Report
1972, OAS/Ser.L/V/II/.27, Doc. 41 rev. 2, March 13, 1973, Original: Spanish.
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See for example: IACHR, Annual Report 1980-1981, OAS/Ser.L/V/II.54, doc.9 rev.1, October 16, 1981, Original:
Spanish, Chapter V, Illegal Executions.
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Inter-American Court, Case of the 19 Merchants v. Colombia, paragraph 153; and Case of the “Street Children”
(Villagrán-Morales et al.), paras. 144-145. Likewise, General Comment No. 6 (16th session, 1982) para. 3; María Fanny Suárez de
Guerrero v. Colombia, Communication No. R.11/45 (February 5, 1979), U.N. Doc. Supp. Nº 40 (A/37/40) in 137 (1982), page 137.
Cited by the Inter-American Court in the Case of Sánchez v. Honduras, paragraph 110.
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Cf. Inter-American Court.. Case of Velásquez Rodríguez v. Honduras. Merits. Judgment of July 29, 1988. Series C No.
4, para. 174.