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6.3.3. Reasonable and justified limits under s 7(2)

  1. Article 6(1) of the ICCPR is classified as the ‘supreme’ non-derogable right at international law, meaning that it applies even in during a time of public emergency (Human Rights Committee, General Comment No. 6: Article 6 (Right to life), 16th sess, UN Doc HRI/GEN/1/Rev.9 (Vol.I) (30 April 1982) [1]).
  2. The ICCPR does not include any general limitations provision, such as that provided by s 7(2) of the Charter. In theory, the Charter would permit the right set out in s 9 to be limited, so long as those limits are justified according to the criteria laid out in s 7(2).
  3. Section 7(2)(a) requires that the nature of the right be considered as part of the proportionality analysis. It is unlikely that any limitation on the right to not be arbitrarily deprived of life would be viewed as reasonable or justified, given the character of the right in international law, and what the right is directed to protecting.
  4. Additionally, since s 9 protects only against the arbitrary deprivation of life, the term ‘arbitrary’ may be considered to be a specific limitation on this aspect of the right to life. For more information, see 5.2. Limitations test under s 7(2).

Last updated: 10 May 2016

 

See Also

6.3. Right to life (s 9)

6.3.1. Introduction

6.3.2. Scope of the right