HUMAN RIGHTS COMMITTEE RESUMES DISCUSSING DRAFT GENERAL COMMENT ON THE RIGHT TO LIFE

The Human Rights Committee this morning continued its discussion of the draft General Comment No. 36 on article 6 of the International Covenant on Civil and Political Rights on the right to life.

The Committee adopted introductory paragraphs 26, 27, 29 and 30, and began the discussion on the introductory paragraph 31. The discussion on introductory paragraph 28 has been postponed.

At the beginning of the meeting, the Committee elected by acclamation Sarah Cleveland of the United States as a vice-chair to replace Ivana Jelic of Montenegro, who resigned the membership in the Committee in order to take up her functions as a judge at the European Court of Human Rights. At the opening of the one hundred and twenty-third session on 2 July, and following the resignation of the Committee Chairperson Yuji Iwasawa of Japan due to his election as a judge at the International Court of Justice, the Committee had elected Yuval Shany of Israel and Mauro Politi of Italy as its Chair and Vice-Chair, respectively.

Yuval Shany, Committee Chairperson and Rapporteur for the draft General Comment, presented a revised text of introductory paragraph 26 on the duty of States parties to protect individuals against deprivations of life by other States, international organizations and foreign corporations operating within their territory or jurisdiction. In the ensuing discussion, the Committee Experts debated how to appropriately phrase the reference to States parties’ jurisdiction. The Committee then adopted the revised introductory paragraph 26.

Mr. Shany then moved on to introduce paragraph 27, which dealt with the duty of States parties to take special measures to protect persons in situation of vulnerability, and he presented the main proposals submitted by States. The Committee Experts discussed reference to specific groups of vulnerable groups, such as human rights defenders, journalists, prominent public figures, witnesses to crime, victims of domestic violence, children, ethnic and religious minorities, indigenous peoples, asylum seekers and refugees, persons with albinism, and lesbian, gay, bisexual, transgender and intersex persons. The Committee then adopted introductory paragraph 27.

Introducing paragraph 28 on the right to life of persons with disabilities, Mr. Shany presented the comments and proposals received from States, relevant organizations and individuals. He reminded that the Committee on the Rights of Persons with Disabilities had suggested that the introductory paragraph 28 should be dropped all together because persons with disabilities should not be singled out. The Committee then decided to postpone the discussion on this paragraph.

Turning to paragraph 29 on the obligation of States parties to protect the lives of individuals deprived of their liberty, Mr. Shany said that some States had objected to the use of phrase “heightened obligation” of States parties, whereas some organizations had asked for a reference to the prevention of suicide, in addition to the prevention of inter-prisoner violence, and a reasonable accommodation for prisoners with disabilities. In the discussion, some Committee Experts asked for a reference to facilities for juvenile offenders. The Committee then adopted introductory paragraph 29.

Moving on to paragraph 30, Mr. Shany explained that it dealt with the relationship between the right to life and the general conditions in society that could give rise to direct threats to life or prevent individuals from enjoying their right to life with dignity. Some States had expressed concern that the Committee was laying out new legal obligations with this paragraph, and that it was perhaps interfering with the mandate of the Committee on Economic, Social and Cultural Rights. Various stakeholders had also suggested including references to tuberculosis, the deprivation of lands of indigenous peoples, harmful practices, gender-based violence, disabilities, and inadequate housing. Having discussed how and whether to include those references, the Committee Experts adopted the introductory paragraph 30.

As for paragraph 31, which dealt with the obligation to investigate and prosecute allegations of deprivation of life by State authorities or by private individuals and entities, Mr. Shany informed that the Committee had not received many comments from stakeholders. Those received concerned immunities and amnesties, due process in investigations, and the statute of limitations. The Experts debated the use of phrase “unlawful deprivation of life” and the reference to the “use of lethal force.” The Committee then decided to continue discussing introductory paragraph 31 during its next public meeting.

The drafting of the General Comment started on 14 July 2015 with a half day of general discussion, and the first reading of the draft was completed at the Committee’s one hundred and twentieth session in July 2017. The second reading of the draft started on 27 October 2017 (summary), and was followed by discussions on 1 November 2017 (summary), 2 November 2017 (summary), 28 March 2018 (summary), 5 April 2018 (summary), 3 July 2018 (summary), and on 6 July 2018 (summary). Further information about draft General Comment No. 36 can be obtained here.

The Committee will continue the discussion on the draft General Comment No.36 at its next public meeting on Tuesday, 24 July, at 10 a.m.


For use of the information media; not an official record

CCPR/18/21E