1. What is the right to life?
Human rights are natural, inherent and objective human rights that are recognized and protected in national laws and international legal agreements. And the right to life is a natural and basic human right that is enshrined in the core documents of international human rights law and national law.
Everyone has an inherent right to life. This right must be protected by law. No one can be arbitrarily deprived of life.
2. How is the right to life regulated in international law and Vietnamese law?
2.1. The right to life in international law
The right to life is one of the fundamental rights widely recognized in international law, specifically:
– Universal Declaration of Human Rights: The Universal Declaration of Human Rights was adopted in 1948, this Declaration affirms the right to life as a fundamental right of all people. Article 3 emphasizes that “Everyone has the right to life, liberty, and bodily security.” This represents an acknowledgment that the right to life is not only an individual right but also a right of all people, regardless of race, gender, religion, or any other factor.
– International Covenant on Civil and Political Rights: The International Covenant on Civil and Political Rights, adopted in 1966 and entered into force in 1976, affirms the right to life in Article 6: “1. Everyone has an inherent right to life. This right must be protected by law. No one can be arbitrarily deprived of life. […]”. This not only emphasizes that the right to life cannot be arbitrarily taken away, but also requires member states to protect this right. States must take legal measures to prevent violations of the right to life.
Other conventions and agreements: Many other international conventions also address the right to life, such as:
- Convention on the Rights of the Child – 1989: Article 6 recognizes that “Every child has the right to life and States Parties shall ensure the survival and development of the child.”
- Second Optional Protocol of the ICCPR on the Abolition of the Death Penalty (1989): This is an important international document that promotes countries to completely abolish the death penalty. Article 1 states: “No person within the jurisdiction of the member state shall be executed.” Allows countries to maintain the death penalty during wartime but only applies to extremely serious crimes.
- Convention on the Rights of Persons with Disabilities – 2006: Article 10 of the convention recognizes the right to life of all persons, including persons with disabilities, and requires States to take measures to protect this right without any discrimination.
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All emphasized the importance of protecting the right to life for vulnerable groups.
2.2. The right to life in Vietnamese law
In Vietnam, the right to life is also recognized and protected in important legal documents:
– The 2013 Constitution: Article 19 of the Constitution clearly states that “Everyone has the right to life. Human life is protected by law. No one is deprived of life illegally.” This shows the State’s commitment to protecting the right to life of citizens.
– Criminal Code of Vietnam 2015 (amended and supplemented): Regulations on crimes infringing upon life in Chapter XI, such as murder (Article 123)… This code clearly stipulates penalties for violations of the right to life, thereby creating a legal framework to protect the right to life of individuals.
– Civil Code of Vietnam 2015: Article 33 stipulates: “Individuals have the right to life, the right to have their lifes, health and bodies preserved.”
– Other legal documents: The Law on Children 2016 and many other specialized laws also provide for the protection of the lifes of vulnerable groups.
