Right to life

Back to rights and freedoms: Right by right

Introduction | Commission work | International scrutiny | More information | Comments

Introduction

Article 6 of the ICCPR states:

1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide.This penalty can only be carried out pursuant to a final judgement rendered by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women.

6.  Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.

Commission work

Close the Gap campaign

Since 2006, Australia's peak Indigenous and non-Indigenous health bodies, NGOs and human rights organisations have worked together to achieve health and life expectation equality for Australia's Aboriginal and Torres Strait Islander peoples. This is known as the Close the Gap Campaign. The campaign's goal is to close the health and life expectancy gap between Aboriginal and Torres Strait Islander peoples and non-Indigenous Australians within a generation.

See our Close the Gap pages for more information

Submissions to coronial inquiries

• Commission submission to Coronial Inquiry - Ashmore reef
• Commission submission to Coronial Inquiry - Alice Springs Coronial Inquest into Petrol Sniffing Deaths (PDF)
• Commission submission to Coroners Court of Western Australia Inquest into the death of Mr Ward
• Commission submission to NT Coroners Court Inquest into the deaths of David Gurralpa and Robert Plasto-Lehner
• Qld coronial inquest into the death of Mulruji on Palm Island: 
  Submissions seeking leave and concerning the scope of the inquest
  Submissions on the power of the Coroner to make comment
  The Commission's final submissions
• Commission submission to NSW coronial inquest into the death of Scott Simpson and Commission media release on findings

Other submissions

• Extradition and Mutual Assistance in Criminal Matters Legislation Amendment Bill 2011  
• Submission on Extradition review discussion paper 2006
• Anti-Genocide Bill 1999

International scrutiny

Human Rights Committee consideration of communications

Kwok v Australia

• Views of Committee in Word and PDF
• Government response in Word and PDF

Argument by Australia that deportation to death penalty state without assurances only presents a real risk to right to life once sentence of death passed, rejected.

More information

• AGD guidance sheet
• Human Rights Committee General Comment 6: The Right to Life
• Australian Human Rights Law Wiki on the right to life
• ACT Human RIghts Commissioner factsheet (RTF or PDF)
• The right to life : a guide to the implementation of Article 2 of the European Convention on Human Rights (PDF): European Court factsheet 2006

Comments

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