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INTERNATIONAL LEGAL FOUNDATIONS OF THE RIGHT TO LIFE
AND ITS PROTECTION MECHANISMS
Bobojonov Javoxir Islom o‘g‘li
Lecturer, Department of Constitutional Law, Tashkent
State University of Law E-mail: bobojavohir06@gmail.com
https://doi.org/10.5281/zenodo.16949873
Abstract.
This article is devoted to the study of the international legal
foundations of the right to life. It analyzes the consolidation of this right in key
international instruments such as the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, and the Convention on
the Rights of the Child. The paper also examines issues related to the death
penalty, the fight against torture, and the protection from actions threatening
human life. The analysis demonstrates the necessity of safeguarding the right to
life not only at the national but also at the international level, emphasizing the
obligations of states in preserving human life. The article serves as a scholarly
source of both theoretical and practical significance for lawyers and researchers.
Keywords:
right to life, international law, Universal Declaration of Human
Rights, International Covenant on Civil and Political Rights, death penalty, fight
against torture, human rights, international organization
Introduction
The right to life constitutes the central and inseparable component of the
human rights system. This right is an inherent and inalienable entitlement of
every individual, serving as the foundation for the realization of all other rights.
For both the state and the international community, the right to life imposes an
obligation to preserve human existence, ensure personal security, and protect
individuals from any threats. Therefore, the right to life has been enshrined not
only at the national level but also legally consolidated at the international level.
The consolidation of the right to life has increased the responsibility of
states toward their citizens. Its international recognition obliges states to
safeguard human life, ensure security, and eliminate threats that may endanger
this right. In this regard, compliance with international norms and the
elimination of factors hindering the right to life have become imperative. For
instance, in matters concerning the death penalty, international law requires
states to apply this form of punishment solely for the most serious crimes and
only after a fair trial. At the same time, the international community, through
various recommendations and resolutions, continues to exert influence on states
to restrict and ultimately abolish the death penalty.
The right to life imposes significant not only legal but also moral and social
responsibilities upon both the state and society. Respect for this right by
national and international legal systems is crucial not only for safeguarding
human dignity but also for ensuring justice, peace, and stability within society.
Consequently, the right to life is universally recognized by the international
community as a fundamental right deserving mutual respect. Its protection at
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the international level is considered one of the key steps toward strengthening
interstate cooperation, consolidating legal order, and safeguarding the
fundamental rights of every individual.
Methodology
The right to life is one of the most fundamental and distinctive concepts
within international law and the human rights system. Its legal consolidation has
been carried out through various international instruments, and the central role
of this right in the protection of human rights has been extensively studied in
numerous scholarly works. In examining the international legal consolidation of
the right to life, several methodological approaches were employed.
The normative method was applied to analyze international legal
instruments and the decisions of various international organizations.
Documents such as the Universal Declaration of Human Rights, the International
Covenant on Civil and Political Rights, and the Convention against Torture were
examined in detail to assess how the right to life is enshrined in international
norms and what obligations are imposed on states.
Through comparative analysis, the study evaluated how the right to life is
reflected in different international instruments, the degree and forms of its legal
consolidation, and the common principles and differences among state
approaches to safeguarding human life in line with international law.
The historical-legal method was used to explore the development of the
right to life within the international legal framework, its evolutionary stages, and
the manner in which it has been consolidated in international treaties. This
approach provides a deeper understanding of both the evolution of the right and
the international obligations undertaken by states.
Results
The right to life was first recognized at the international level in the
Universal Declaration of Human Rights adopted by the United Nations in 1948.
Article 3 of the Declaration states:
“Everyone has the right to life, liberty and
security of person.”
This Declaration served as the initial legal foundation for the
acceptance of human rights as a common value for the international community.
Despite its non-binding character, the principles enshrined therein played a
significant role in shaping subsequent international legal norms.[1]
In the International Covenant on Civil and Political Rights, adopted in 1966,
Article 6 defines the right to life as an “inherent right,” obligating states to
respect and take measures to protect it. This instrument imposes on states the
duty to ensure the realization of the right to life and to protect it from violations.
According to the Covenant, the right to life is recognized as an inalienable value
for every human being, and states are required to combat any actions that
restrict or threaten this right. [2]
The issue of the death penalty and the right to life has been widely
examined in the international legal system, with different states adopting
different approaches. Although no unanimous decision has been reached within
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the international community regarding capital punishment, many international
instruments and organizations support its restriction or abolition. The
Universal
Declaration of Human Rights
and the
International Covenant on Civil and Political
Rights
recommend that states respect the right to life and apply the death
penalty only for the most serious crimes.
The
European Convention on Human Rights
and its additional protocols
establish the legal framework for the abolition of the death penalty. Through the
Additional Protocol adopted in 1989, the Convention imposed on its member
states the obligation to renounce capital punishment. This protocol led to the
abolition of the death penalty in most countries within the European Union and
the Council of Europe, thereby further strengthening the value of the right to life
in international law. [3]
In international law, the abolition or restriction of the death penalty is
regarded as an important element in the implementation of the principle of
respect for human rights. International organizations, including the United
Nations, require states to ensure compliance with fair trial standards in the
application of the death penalty and to abolish forms of punishment that are
cruel and degrading to human dignity. Thus, the complex relationship between
the death penalty and the right to life reinforces the responsibility of states to
protect human life and to adhere to international legal principles.
In providing a deeper understanding of the international legal foundations
of the right to life, statistical data play an important role. According to Amnesty
International’s 2023 report, 112 countries have completely abolished the death
penalty, 9 states have abolished it for ordinary crimes only, 23 states are
abolitionist in practice, while 55 states still retain it either in law or in practice
[4]. UNICEF’s analysis shows that more than five million children under the age
of five die each year from preventable causes such as hunger, infections, and lack
of medical care [5]. According to the World Health Organization, more than one
million people worldwide die annually as a result of violence [6]. These figures
demonstrate that international legal norms are not only a legal requirement but
also an urgent practical necessity.
Combating torture is one of the key areas of international law and
constitutes an essential element in protecting the right to life. The 1984
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment obliges states to prohibit acts of torture and cruel treatment that
threaten human life and dignity. This convention represents a unique example of
international cooperation in the protection of human rights, as the prevention of
torture and the establishment of special monitoring mechanisms play an
important role in inter-state relations [7].
The Convention is aimed at ensuring the physical and mental integrity of
the individual as an integral component of the right to life. It requires states to
increase accountability for acts of torture and cruel treatment, to provide
assistance to victims of torture, and to establish mechanisms for compensation.
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This approach demonstrates that the right to life encompasses not only physical
survival but also respect for human dignity.
The consolidation of the right to life in international instruments is of great
importance not only for adults but also for children. The 1989 Convention on the
Rights of the Child, in its Article 6, affirms that every child has the inherent right
to life and obliges states to take all necessary measures to ensure its realization.
The Convention emphasizes not only the physical security of children but also
the creation of favorable conditions for their healthy and prosperous
development.
The Convention further requires states to protect children’s lives, meet
their essential needs, and safeguard them from all forms of violence. The
international recognition and protection of children’s rights are regarded as an
integral part of the right to life and illustrate how this right has been
progressively expanded within the international legal system. Thus, the right to
life is considered a fundamental right that requires the adoption of special
protective measures for children.[8]
The consolidation of the right to life in international legal systems requires
states to fulfill their obligations in protecting this right. States must take
measures against any actions that threaten the right to life of their citizens and
must respect this right. While these obligations must be reinforced through
national legislation, international legal norms serve as a guiding framework for
states in this regard.
The international obligations imposed on states—including combating
torture, restricting the use of the death penalty, and prohibiting actions that
endanger human life—further strengthen their responsibility to respect human
life. At the same time, international organizations and human rights courts
exercise oversight over the implementation of these obligations by states. Such
monitoring mechanisms encourage states to comply with international legal
norms and help ensure effective responses to violations of human rights.
Conclusion.
The legal consolidation of the right to life in international law has been
reinforced through inter-state cooperation and the monitoring mechanisms of
international organizations. This right increases the obligations of states to
protect human life and to respect the right to life of their citizens. In particular,
the recommendations and resolutions of international organizations aimed at
restricting the death penalty and combating inhuman treatment have further
strengthened the protection of this right.
In conclusion, the right to life is recognized within the international legal
system as the cornerstone of the human rights framework. Its consolidation
through international legal norms imposes legal obligations on states to
safeguard human life. From this perspective, the right to life must be regarded
not only as a legal responsibility but also as a moral duty, respected and ensured
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as a universal right at the international level. In today’s context of globalization
and increasing security challenges, the effective international protection of this
right has become more crucial than ever..
References:
1.
Universal Declaration of Human Rights. https://www.un.org/en/about-
us/universal-declaration-of-human-rights
2.
International
Covenant
on
Civil
and
Political
Rights.
https://www.ohchr.org/en/instruments-
mechanisms/instruments/international-covenant-civil-and-political-rights
3.
European
Convention
on
Human
Rights.
https://www.echr.coe.int/documents/d/echr/convention_ENG
4.
Death
sentences
and
executions
in
2023.
https://www.amnesty.org/en/documents/act50/7952/2024/en/
5.
Levels
and
trends
in
child
mortality.
https://data.unicef.org/resources/levels-and-trends-in-child-mortality-2024/
6.
Injuries
and
violence.
https://www.who.int/news-room/fact-
sheets/detail/injuries-and-violence?
7.
Конвенция против пыток и других жестоких, бесчеловечных или
унижающих
достоинство
видов
обращения
и
наказания.
https://www.un.org/ru/documents/decl_conv/conventions/torture.shtml
8.
Convention on the Rights of the Child. https://www.unicef.org/child-
rights-convention
