4. A special meaning shall be given to a term if it is established that the parties
so intended.”
Article 32 of the same Convention provides:
“Supplementary means of interpretation
Recourse may be had to supplementary means of interpretation, including the
preparatory work of the treaty and the circumstances of its conclusion, in order
to confirm the meaning resulting from the application of article 31, or to
determine the meaning when the interpretation according to article 31:
(a) leaves the meaning ambiguous or obscure; or
(b) leads to a result which is manifestly absurd or unreasonable.”
Now, in order to be able to interpret the aforementioned Article 4(1), it seems
necessary to refer to the basic issues that are raised by this case, this is: the rights
holder, the protection of this right, and the arbitrary deprivation of it.
1.- Holder of this right.
After considering Article 31(1) of the Vienna Convention, it is evident that the
aforementioned Article 4(1) enshrines a right consisting in that the holder’s “life [is]
respected.” That is the “object and purpose” of the said provision, the actual purpose
for its establishment, not to be voided of meaning.
Accordingly, this provision presupposes that the holder of this right—whose life must
be respected—exists.
In addition, this provision is clear when stating that the rights holder is “every person,”
which means that this Article makes no distinction whatsoever among the holders of
said right. In fact, this is in full accord with the Convention´s previous assertion that
States undertake to respect and ensure rights
“to all persons subject to their jurisdiction […] without any discrimination […].” 16
And, by virtue of the “special meaning” rule of treaty interpretation, established in
Article 31(4) of the Vienna Convention, the interpreter must follow what is provided in
Article 1(2) of the Convention when interpreting the word “person.” The latter Article
provides:
“For the purposes of this Convention, ‘person’ means every human being.”
As a conclusion, even though it may seem to be a truism, it can be asserted that
Article 4(1) of the Convention recognizes or enshrines the right of “every person” or
“human being,” without any discrimination, to the respect of “his”—already existing—
life. This means that the previously quoted provision, every sentence of it—as also all
16
Art. 1(1) of the Convention: “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.”