96
III.
THE RIGHT TO LIFE
A.
Basic standards
266.
The most fundamental human right provided for in the instruments of
the Inter‐American and other human rights systems is the right to life. Without its full
respect, no other human right or fundamental freedom may be effectively guaranteed or
enjoyed. 295 The exercise of this right is essential for the exercise of all other human rights.
If it is not respected, all rights lack meaning, 296 because the bearer of those rights ceases to
exist. 297
267.
Continuous violations of the right to life of persons deprived of liberty are
currently one of the main problems in prisons in the region. Every year hundreds of
inmates in the Americas die of different causes, particularly as a result of prison violence.
This chapter examines the factors that give rise to these alarming levels of violence among
inmates, as well as other reasons why a significant number of people annually lose their
lives in detention centers in the region.
268.
In the Inter‐American human rights system the right to life is enshrined in
Article I of the American Declaration of the Rights and Duties of Man and in Article 4 of the
American Convention, in the following terms:
American Declaration
Article I. Every human being has the right to life, liberty and the security
of his person;
American Convention
Article 4. (1) 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. [...]
269.
Similar protections are found in other international human rights
instruments, including Article 3 of the Universal Declaration of Human Rights; 298 Article 6 of
the International Covenant on Civil and Political Rights; 299 Article 2 of the European
295
IACHR, Report on Terrorism and Human Rights, para. 81.
296
I/A Court H.R., Case of The “Street Children” Case (Villagrán Morales et al.) V. Guatemala. Judgment
of November 19, 1999. Series C No. 63, para. 144.
297
I/A Court H.R., Case of the “Juvenile Reeducation Institute” V. Paraguay. Judgment of September 2,
2004. Series C No. 112, para. 156.
298
Universal Declaration of Human Rights: Article 3. Everyone has the right to life, liberty and security
of person.
299
International Covenant on Civil and Political Rights: Article 6(1). Every human being has the inherent
right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
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