General CommentNo.6 in relation to the rightto life guaranteed underArticle
6 of the International Covenant onCivil and Political Rights, issued on 30 April 1982
states, amongothers, that
"1. The right to life enunciatedin article 6 of the Covenant has
beendealt within all State reports. It is the supreme right from which
no derogation is permitted even in time of public emergency which
threatensthe life of the nation (art. 4). However, the Committee has
noted that quite often the information given concerning article 6 is
limited only to one or other aspect of this right. It is a right which
should not be interpreted narrowly.”
"3. The protection against arbitrary deprivation of life whichis
explicitly required by the third sentenceofarticle 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 deprivationoflife by the authorities of the State is
a matterof the utmostgravity. Therefore, the law muststrictly control
andlimit the circumstances in which a person may be deprivedofhis
life by such authorities."
The Philippines recently acceded to the Second Optional Protocol to the
International Covenant on Civil and Political Rights. As such,the Philippines
has not only affirmed but has bounditself to perpetually abolish the death penalty
and uphold therightto life. The Second Optional Protocol to the ICCPRstates that:
"1. No one within the jurisdiction of a State Party to the
present Protocol shall be executed.
2. Each State Party shall take all necessary measures to
abolishthe death penalty withinitsjurisdiction."
Pursuantto the international law principle of pacta sunt servanda, States are
required to observe treaties it has entered into in good faith. In line with this, the
SupremeCourt ruled that "treaties do indeed limit orrestrict sovereigntyof a State. By
their voluntaryacts, States may surrender someaspectsof their powerin exchange for
greater benefits granted by or derived from a convention or pact. Underthe rule of
pacta sunt servanda, a State is bound to make such modificationsin its laws as may be
necessary to ensurethe fulfilmentof the obligations undertaken underthe treaty.""
The fundamental mantleof protectionoftherightto life of every inhabitant of
the countryis guaranteed underthe 1987 Constitution of the Philippines,thus:
Article II, Section 11 provides that:
"The State values the dignity ofevery humanperson and
guaranteesfull respectfor humanrights."
Article II], Section 11 providesthat:
"No person shall be deprived of life, liberty or property
without due process of law, nor shall any person be denied the equal
protectionof the law."
" Tafiada vs. Angara, 272 SCRA 18.
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