Right to life
States Parties reaffirm that every human being has the inherent right to life and shall take all necessary measures to ensure its effective enjoyment by persons with disabilities on an equal basis with others. (Article 10)
Obligations
This article reaffirms the right to life for persons with disability; that is, it restates the pre-existing right to life of all persons. To understand the full extent of the right we therefore need to go back to its original statement in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as understand its development in the Convention on the Rights of the Child and through treaty body commentary. The right to life is a civil and political right that was originally formulated as a restraint on arbitrary interference with life. However, this understanding has evolved over time. The Human Rights Committee has said that the expression inherent right to life cannot be properly understood in a restrictive manner, and requires State Parties to adopt positive measures (that is, take action to protect and enable life, not just refrain from interfering with life). The Human Rights Committee has also highlighted a number of specific threats to life, which State Parties must take steps to overcome, including potential arbitrary threats from security forces and forced disappearance. The Convention on the Rights of the Child extends the right to life to incorporate a right of survival and development in relation to children.
The CRPD requires State Parties to take all necessary measures to ensure that persons with disability enjoy the right to life on an equal basis with others. This formulation clearly encapsulates the Human Rights Committee’s view that the right to life requires State Parties to take positive action to protect and enable life. This will include the provision of those health care and social services that are essential to the survival of persons with disability. In other words, realisation of the right to life and survival for persons with disability requires action towards the attainment of key economic, social and cultural rights.
There is a continuing debate about whether the right to life vests at birth or following conception, but most commentators take the view that the right only vests at birth. The right to life in the CRPD therefore probably does not apply to the pre-birth termination of pregnancy on the basis of impairment, although the position will remain arguable. The International Covenant on Civil and Political Rights focuses on protection from arbitrary deprivation of life. This would clearly encompass threats to life from discrimination on the ground of disability; for example, the withholding or withdrawal of health care on the basis of impairment and disability. The right to life in the CRPD must be understood in this light. As in other areas of the Convention, the requirement that persons with disability are able to enjoy the right to life on an equal basis with others must be understood as requiring reasonable accommodation of impairment and disability related needs, not merely equal treatment with others.
Indicators
• Persons with disability enjoy the right to life and survival on an equal basis with others.
• All necessary measures are taken to ensure that persons with disability enjoy the right to life and survival on an equal basis with others.
• Persons with disability are not arbitrary deprived of life, including as a result of discrimination on the ground of disability.
• The right to life is protected by law (and these laws are effective in relation to persons with disability)
Example
The right to life will be particularly relevant to people who through their work are involved in:
• Caring for people or protecting people from danger
• Delivering welfare or other services to vulnerable groups within the community where you may become aware that someone's life is at risk or they are unable to live with human dignity