Life as We Know It: The Expansion of the Right to Life under the Jurisprudence of the Inter-American Court of Human Rights
![handle is hein.journals/loyint35 and id is 333 raw text is: Life as We Know It: The Expansion of the
Right to Life Under the Jurisprudence of
the Inter-American Court of Human Rights
ALEXANDRA R. HARRINGTON
I. INTRODUCTION
The idea of protecting life' within the context of human rights law
is perhaps elemental since, as the Inter-American Court of Human
Rights has explained on numerous occasions, without protecting life all
other human rights protections are meaningless.2 Indeed, a survey of
international and regional human rights treaties and conventions
demonstrates the uniformity of inclusion of the right to life, as a
guaranteed right, across divergent state parties and instrument-
promulgation goals.
And yet, the terms of the right to life and the construction of its
meaning do vary between instruments. For example, the International
Covenant on Civil and Political Rights simply states that [e]very
human being has the inherent right to life. This right shall be protected
by law. No one shall be arbitrarily deprived of his life.' By
comparison, the European Convention on Human Rights states that
[e]veryone's right to life shall be protected by law. No one shall be
arbitrarily deprived of his life intentionally save in the execution of a
sentence of a court following his conviction of a crime for which this
penalty is provided by law.4 Finally, the American Convention on
Human Rights states that [e]very 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.5
Of course, the meaning of these provisions depends not only on a plain
text reading but also on the construction of these provisions by the
appropriate international or regional body.
1. For the purposes of this article, the right to life is defined as extending to and protecting
individuals from birth onward. The article does not intend to take a position as to the applicability
of the right to life under the American Convention on Human Rights to the unborn.
2. Escud-Zapata v. Colombia, Merits, Reparations and Costs, Judgment, Inter-Am. Ct. H.R.
(ser. C) No. 165 (July 4, 2007).
3. International Covenant on Civil and Political Rights art. 6(1), opened for signature Dec.
19, 1966, 999 U.N.T.S. 171 (entered into force Mar. 23, 1976).
4. European Court of Human Rights, European Convention on Human Rights art. 62(1),
opened up for signature 1950 (entered into force on June 1, 20 10).
5. Organization of American States, American Convention on Human Rights art. 4, Nov.
22, 1969, O.A.S.T.S. No. 36, OAS Off. Rec. OEA/Ser4v/II 23, doc. 21, rev. 2 (1975).
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Life as We Know It: The Expansion of the Right to Life under the Jurisprudence of the Inter-American Court of Human Rights
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