CCPR/C/GC/36
21.
The duty to take positive measures to protect the right to life derives from the general
duty to ensure the rights recognized in the Covenant, which is articulated in article 2 (1) when
read in conjunction with article 6, as well as from the specific duty to protect the right to life
by law, which is articulated in the second sentence of article 6. States parties are thus under
a due diligence obligation to take reasonable, positive measures that do not impose
disproportionate burdens on them 58 in response to reasonably foreseeable threats to life
originating from private persons and entities whose conduct is not attributable to the State.59
Hence, States parties are obliged to take adequate preventive measures in order to protect
individuals against reasonably foreseen threats of being murdered or killed by criminals and
organized crime or militia groups, including armed or terrorist groups (see also para. 23
below).60 States parties should also disband irregular armed groups, such as private armies
and vigilante groups, that are responsible for deprivations of life 61 and reduce the
proliferation of potentially lethal weapons to unauthorized individuals.62 States parties must
further take adequate measures of protection, including continuous supervision,63 in order to
prevent, investigate, punish and remedy arbitrary deprivation of life by private entities, such
as private transportation companies, private hospitals64 and private security firms.
22.
States parties must take appropriate measures to protect individuals against
deprivation of life by other States, international organizations and foreign corporations
operating within their territory 65 or in other areas subject to their jurisdiction. They must also
take appropriate legislative and other measures to ensure that all activities taking place in
whole or in part within their territory and in other places subject to their jurisdiction, but
having a direct and reasonably foreseeable impact on the right to life of individuals outside
their territory, including activities undertaken by corporate entities based in their territory or
subject to their jurisdiction, 66 are consistent with article 6, taking due account of related
international standards of corporate responsibility 67 and of the right of victims to obtain an
effective remedy.
23.
The duty to protect the right to life requires States parties to take special measures of
protection towards persons in vulnerable situations whose lives have been placed at particular
risk because of specific threats68 or pre-existing patterns of violence. Such persons include
human rights defenders (see also para. 53 below), 69 officials fighting corruption and
organized crime, humanitarian workers, journalists,70 prominent public figures, witnesses to
crime71 and victims of domestic and gender-based violence and human trafficking. They may
also include children, 72 especially children in street situations, unaccompanied migrant
children and children in situations of armed conflict, members of ethnic and religious
minorities,73 indigenous peoples,74 lesbian, gay, bisexual, transgender and intersex persons,75
persons with albinism,76 alleged witches,77 displaced persons, asylum seekers, refugees78 and
stateless persons. States parties must respond urgently and effectively in order to protect
individuals who find themselves under a specific threat, by adopting special measures such
as the assignment of around-the-clock police protection, the issuance of protection and
restraining orders against potential aggressors and, in exceptional cases, and only with the
free and informed consent of the threatened individual, protective custody.
24.
Persons with disabilities, including psychosocial or intellectual disabilities, are also
entitled to specific measures of protection so as to ensure their effective enjoyment of the
right to life on an equal basis with others.79 Such measures of protection must include the
provision of reasonable accommodation when necessary to ensure the right to life, such as
ensuring access of persons with disabilities to essential facilities and services,80 and specific
measures designed to prevent unwarranted use of force by law enforcement agents against
persons with disabilities.81
25.
States parties also have a heightened duty of care to take any necessary measures to
protect the lives of individuals deprived of their liberty by the State,82 since by arresting,
detaining, imprisoning or otherwise depriving individuals of their liberty, States parties
assume the responsibility to care for their lives83 and bodily integrity, and they may not rely
on lack of financial resources or other logistical problems to reduce this responsibility.84 The
same heightened duty of care attaches to individuals held in private incarceration facilities
operating pursuant to an authorization by the State. The duty to protect the life of all detained
individuals includes providing them with the necessary medical care and appropriate regular
monitoring of their health, 85 shielding them from inter-prisoner violence, 86 preventing
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