Article 7
1. Sentence of death shall not be imposed on persons under 18 years of age, unless
otherwise stipulated in the laws in force at the time of the commission of the crime.
2. The death penalty shall not be inflicted on a pregnant woman prior to her delivery
or on a nursing mother within two years from the date of her delivery; in all cases,
the best interests of the infant shall be the primary consideration.
Relevant domestic law provisions
There is no express right to life in the Palestinian Basic Law. However, Article 10(1)
provides as follows:
Basic human rights and liberties shall be protected and respected.
A. The primacy of the right to life
1. The right to life is fundamental and non-derogable. Together with the protection
from torture, the right to life enshrines the basic values of democratic societies,
and its pre-eminence has been consistently reaffirmed in treaties and by
international agencies, courts and tribunals. As noted by a 1982 UN General
Assembly Resolution, safeguarding of the right to life is an essential condition
for the enjoyment of the entire range of economic, social, cultural as well as
civil and political rights.185
B. The negative obligation to refrain from taking life
2. The right to life, therefore, clearly imposes a negative obligation on the State
to refrain from taking life. It should be noted that the right to life is not concerned
only with intentional killings, but may also be violated where force is permitted
which may result, as an unintended outcome, in the deprivation of life.186 The
right to life also relates to the right to die and euthanasia, as well as issues of
abortion, although the human rights bodies have been cautious in engaging
with these. 187
Use of force by law enforcement officials
3. It is essential that law enforcement agencies understand the limited
circumstances were it can be lawful to use lethal force.188 The Special
Rapporteur on Extrajudicial, Summary or Arbitrary Executions has noted that
‘in short, the police may only intentionally use lethal force where it is necessary
185
GA Res. 37/189A
McCann and others v UK, European Court, 27 September 1995.
187 Pretty v UK, European Court, 28 April 2002; re abortion see Article 4 ACHR; European Court: Vo v
France, 8 July 2004.
188 Code of Conduct for Law Enforcement Officials GA Resolution 34/169, 1979. Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials Adopted by the 8th UN Congress on the
Prevention of Crime and the Treatment of Offenders, Havana, 27 Aug – 7 Sep 1990.
186
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