II. International Legal Framework  II. International Legal Framework A. The Right to Life 7. 8. The right not to be arbitrarily deprived of life is a foundational and universally recognized right, applicable at all times and in all circumstances. No derogation is permissible, including during an armed conflict or other public emergency.8 The right to life is a norm of jus cogens and is protected by international and regional treaties, customary international law and domestic legal systems. The right is recognized in, among other instruments, the 1948 Universal Declaration of Human Rights, the 1966 International Covenant on Civil and Political Rights, the African, Inter-American and European human rights conventions,9 and the Arab Charter on Human Rights.10 Protection of the right to life means preventing the arbitrary deprivation of life, including through an appropriate framework of laws, regulations, precautions and procedures. It also requires accountability for the arbitrary deprivation of life whenever it occurs. To secure the right to life, States must: (a) Respect the right to life. States, their organs and agents, and those whose conduct is attributable to the State, must respect the right to life and not deprive any person of their life arbitrarily. (b) Protect and fulfil the right to life. States must protect and fulfil the right to life, including by exercising due diligence to prevent the arbitrary deprivation of life by private actors. This is particularly the case where state officials have specific information about threats against one or more identified individuals; or where there is a pattern of killings where victims are linked by political affiliation,11 sex,12 sexual orientation13 or gender identity,14 religion,15 race or ethnicity,16 caste,17 or social status.18 States must implement their due diligence obligations in good faith and in a non-discriminatory manner. States must, for example, exercise due diligence to prevent the unlawful use of lethal force or violence against children19 or women by private actors,20 and must protect against similar abuses by corporations.21 States must protect the life of each person under their jurisdiction by law. States must also take reasonable measures to address conditions that may give rise to direct threats to life.22 8 Under Article 15 of the 1950 European Convention on Human Rights (ECHR), in time of war or other public emergency threatening the life of the nation, States Parties may derogate from full observance of the right to life (Article 2) for lawful acts of war only and to the extent strictly required by the exigencies of the situation, provided that any measures are not inconsistent with their other obligations under international law. 9 Art. 6, ICCPR; Art. 2, ECHR; Art. 4, 1969 American Convention on Human Rights; and Art. 4, 1981 African Charter on Human and Peoples’ Rights. 10 Art. 5, 2004 Arab Charter on Human Rights. 11 Human Rights Committee, Krasovskaya v. Belarus, Views (Comm. No. 1820/2008), 6 June 2012. 12 Inter-American Court of Human Rights (IACtHR), González and others (“Cotton Field”) v. Mexico, 16 November 2009, para. 455; Report of the Special Rapporteur on violence against women, its causes and consequences, UN doc. A/HRC/23/49, 14 May 2013, para. 73. 13 African Commission on Human and Peoples’ Rights, Resolution 275 on Protection against Violence and other Human Rights Violations against Persons on the basis of their real or imputed Sexual Orientation or Gender Identity, adopted at 55th Ordinary Session, Luanda, 28 April to 12 May 2014. 14 “Discrimination and violence against individuals based on their sexual orientation and gender identity”, Report of the Office of the UN High Commissioner for Human Rights, UN doc. A/HRC/29/23, 4 May 2015; see also “Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity”, Report of the UN High Commissioner for Human Rights, 17 November 2011. 15 See, e.g., Urgent appeal to the Government of Pakistan sent by the Special Rapporteur on freedom of religion or belief, the Special Rapporteur on minority issues and the Special Rapporteur on extrajudicial, summary or arbitrary executions, UN doc. A/HRC/28/85, 23 October 2014, p. 104 (concerning the murder of two members of the Ahmadiyya Muslim community in Pakistan). 16 European Court of Human Rights (ECtHR), Nachova v. Bulgaria, Judgment, 6 July 2005, paras. 162–68; see also B.S. v. Spain, Judgment, 24 July 2012, paras. 58–59 and X v. Turkey, Judgment, 9 October 2012, para. 62. 17 See, e.g., Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns on his mission to India in 2012, UN doc. A/ HRC/29/37/Add.3, 6 May 2015, para. 47. 18 See, e.g., Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions to the Human Rights Council, UN doc. A/HRC/11/2, 27 May 2009, paras. 43–59, which concerns the killing of alleged “witches”. On “social cleansing” (killings of gang members, criminal suspects and other “undesirables”), see Report on Mission to Guatemala, UN doc. A/HRC/4/20/Add.2, 19 February 2007; as regards effective investigation into the killing of “street children” see IACtHR, Villagrán-Morales and others v. Guatemala, Judgment, 19 November 1999. 19 See, e.g., “Report of the independent expert for the United Nations study on violence against children”, UN doc. A/61/299, 29 August 2006, §§91, 93, 106. 20 Declaration on the Elimination of Violence against Women, adopted by UN General Assembly Resolution 48/104, 20 December 1993, Art. 4(c). 21 UN Guiding Principles on Business and Human Rights, Principle 1. 22 See, e.g., ECtHR, Öneryildiz v. Turkey, Judgment (Grand Chamber), 30 November 2004. 3