originating from private persons and entities, which do not impose on them
unreasonable or disproportionate burdens . . . .
The duty to protect life also imposes on States parties a due diligence obligation
to take long-term measures to address the general conditions in society that may
eventually give rise to direct threats to life. . . . States parties should also take
adequate measures to protect the environment against life-threatening pollution,
and work to mitigate other risks associated with natural catastrophes, such as
droughts. When adopting long-term measures designed to ensure the enjoyment of
the right to life, States parties should aim to facilitate and promote adequate
conditions for a dignified existence for all individuals. Long-term measures
required for ensuring the right to life may include facilitating access by
individuals to basic goods and services such as food, health-care, electricity, water
sanitation, and [others]. Furthermore, States parties should adopt action plans for
attaining long-term goals designed to realize more fully the right to life of all
individuals . . . . States parties should also develop contingency plans designed to
increase preparedness for natural and man-made disasters, which may adversely
affect enjoyment of the right to life, such as hurricanes, tsunamis, industrial
pollution, radio-active accidents and cyber-attacks.
Draft General Comment No. 36, Para. 28 (internal citations omitted).
The African Commission on Human and Peoples’ Rights (ACHPR) recently issued a
General Comment echoing a broad interpretation of the right to life under the African
Charter of Human and Peoples’ Rights. General Comment No. 3 on the African Charter
of Human and Peoples’ Rights (General Comment No. 3) (available at
http://www.achpr.org/files/instruments/general-comments-right-tolife/general_comment_no_3_english.pdf). At the outset of the General Comment, the
ACHPR cautions that the right to life “should not be interpreted narrowly. In order to
secure a dignified life for all, the right to life requires the realisation of all human rights
recognised in the Charter, including civil, political, economic, social and cultural rights
and peoples’ rights, particularly the right to peace.” General Comment No. 3, Para. 6.
Accordingly, General Comment No. 3 includes a section titled, “Interpreting the right to
life broadly,” which claims:
The right to life should be interpreted broadly. The State has a positive duty to
protect individuals and groups from real and immediate risks to their lives caused
either by actions or inactions of third parties. . . . Such actions include, inter alia,
preventive steps to preserve and protect the natural environment and humanitarian
responses to natural disasters, famines, outbreaks of infectious diseases, or other
emergencies. . . .
Given the role of the State in the enjoyment of a number of other rights which
might, collectively, be constitutive of the condition of life, especially a dignified
life, its progressive realisation of various economic, social and cultural rights will
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