Through its inaction the Government confers a degree of impunity upon the
killers’. 219 The responsibility of the State is to exercise due diligence.220
20. For armed opposition groups, although traditionally their activities would be
seen as criminal, rather than human rights violations per se, it has been argued
that complaints can be addressed to them about human rights violations and
they can be asked to respect human rights standards.221
21. More generally, States should take appropriate steps to safeguard the lives of
those within the jurisdiction.222 This may involve the provision of information
regarding a possible risk to life caused by actions of the State,223 and this
obligation may extend to discouraging individuals from causing serious risks to
their own health.224
22. Further, the positive obligation under the right to life requires that the law must
properly prohibit and punish killings, and that unlawful killing must be subject
to criminal sanctions, regardless of who carried out the killings.
23. This positive obligation to protect life may under certain circumstances require
the State to protect certain individuals from identifiable threats to their lives. On
a day-to-day level, these threats may arise from other private individuals,
environmental hazards or even from themselves. In some instances, human
rights courts have gone further to say that the right may also encompass
access to food, shelter and a ‘dignified existence’, an approach recognised by
the Arab Charter’s Articles 5, 38 and 40.225
24. The extent of the positive obligation to protect life is not limitless. An
appropriate balance must be struck. If law enforcement agencies fail to act, for
example, by opting not to arrest someone who then goes on to take a life this
will not necessarily violate the right to life. In Osman v UK, the European Court
found no violation of the right to life where the police did not arrest an individual
who was harassing a family and who then went on to shoot and kill the father
of that family. The police, under the circumstances, had no reason to believe
such a tragic event might occur.226
25. The right to life should be understood as creating two obligations; a substantive
obligation in relation to the guarantee of life itself and a procedural obligation
where there has been a loss of life. Both requirements are considered to be of
equal importance.
219
Ibid.
Velásquez Rodriguez v. Honduras, judgment of July 29, 1988, Series C, No. 4,; E/CN.4/2000/68,
para. 53. Report on targeted killings, A/HRC/14/24/Add.6, para 47; E/CN.4/2005/7, paras 71-74; Human
Rights Committee, Communication 859/1999, Jiménez Vaca v. Colombia, 25 March 2002, para 7.3.
221 E/CN.4/2005/7, para 76.
222 LCB v UK, European Court, 9 June 1998.
223 Ibid.
224 Onerylidiz v Turkey, European Court, 30 November 2004.
225 Inter-American Court of Human Rights, Villagran Morales v Guatemala, Series C No.63 (1999), at
para 144. See also African Commission, Communication 155/96, Social and Economic Rights Action
Centre and Centre for Economic and Social Rights v Nigeria, 27 October 2001, at paras 44-47.
226 Osman v UK, 28 October 1998.
220
55
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