Sixteenth session (1982)
General comment No. 6: Article 6 (Right to life)
1.
The right to life enunciated in article 6 of the Covenant has been dealt with in all State
reports. It is the supreme right from which no derogation is permitted even in time of public
emergency which threatens the life of the nation (art. 4). However, the Committee has noted that
quite often the information given concerning article 6 was limited to only one or other aspect of this
right. It is a right which should not be interpreted narrowly.
2.
The Committee observes that war and other acts of mass violence continue to be a scourge
of humanity and take the lives of thousands of innocent human beings every year. Under the Charter
of the United Nations the threat or use of force by any State against another State, except in
exercise of the inherent right of self-defence, is already prohibited. The Committee considers that
States have the supreme duty to prevent wars, acts of genocide and other acts of mass violence
causing arbitrary loss of life. Every effort they make to avert the danger of war, especially
thermonuclear war, and to strengthen international peace and security would constitute the most
important condition and guarantee for the safeguarding of the right to life. In this respect, the
Committee notes, in particular, a connection between article 6 and article 20, which states that the
law shall prohibit any propaganda for war (para. 1) or incitement to violence (para. 2) as therein
described.
3.
The protection against arbitrary deprivation of life which is explicitly required by the third
sentence of article 6 (1) is of paramount importance. The Committee considers that States parties
should take measures not only to prevent and punish deprivation of life by criminal acts, but also to
prevent arbitrary killing by their own security forces. The deprivation of life by the authorities of the
State is a matter of the utmost gravity. Therefore, the law must strictly control and limit the
circumstances in which a person may be deprived of his life by such authorities.
4.
States parties should also take specific and effective measures to prevent the disappearance
of individuals, something which unfortunately has become all too frequent and leads too often to
arbitrary deprivation of life. Furthermore, States should establish effective facilities and procedures
to investigate thoroughly cases of missing and disappeared persons in circumstances which may
involve a violation of the right to life.
5.
Moreover, the Committee has noted that the right to life has been too often narrowly
interpreted. The expression “inherent right to life” cannot properly be understood in a restrictive
manner, and the protection of this right requires that States adopt positive measures. In this
connection, the Committee considers that it would be desirable for States parties to take all possible
measures to reduce infant mortality and to increase life expectancy, especially in adopting measures
to eliminate malnutrition and epidemics.
6.
While it follows from article 6 (2) to (6) that States parties are not obliged to abolish the
death penalty totally they are obliged to limit its use and, in particular, to abolish it for other than
the “most serious crimes”. Accordingly, they ought to consider reviewing their criminal laws in this
light and, in any event, are obliged to restrict the application of the death penalty to the “most
serious crimes”. The article also refers generally to abolition in terms which strongly suggest (paras.
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