Contribution on Nonkilling and the Right to Life for UN General Comment
The UN Human Rights Committee invited NGOs including CGNK to provide their written contributions for the general day of discussion that will take place on 14 July 2015 on the preparation for a General Comment No. 36 on Article 6 (the Right to Life) of the International Covenant on Civil and Political Rights (ICCPR). This meeting is in preparation for the Human Rights Committee’s 114th session in Geneva. The new General Comment (36) on the right to life will be adopted thereafter.
Article 6 is relevant to nonkilling and the work of CGNK as it states that “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.” The purpose of the general comment is to provide appropriate and authoritative guidance to States and other actors on the measures to be adopted to ensure full compliance with the rights protected under this provision. This represents a unique opportunity for CGNK to connect the Convenant with the concept of nonkilling, as the last general comment on the right to life was issued more than 30 years ago.
CGNK’s in-depth paper regarding Article 6 (Right to Life) was produced by the Center’s accredited Representative at the United Nations in Geneva Christophe Barbey and can be downloaded here or from the website of the Human Rights Committee, where written contributions from other organizations, such as Amnesty International or the World Coalition Against the Death Penalty, can also be found. Only CGNK and Amnesty International offered to make general comments for the discussion.
Article 6 (Right to Life) of the International Covenant on Civil and Political Rights
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.
2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court.
3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.
5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.
6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.