5
José, which the Court has already established in the Case of the Mayagna
Community.
III.
Right to life
17.
The Inter-American Court has issued a large number of decisions concerning
the right to life —essential right, root of all others, supporting all the rest of the
rights and freedoms as a whole. Article 4 of the American Convention, which
addresses this issue, lays the primary stress on curtailing the arbitrary deprivation of
existence and on restricting capital punishment. This is the main focal point of most
of the paragraphs of the article. Thus, the rule in the Convention protects individual
life against any excesses committed by the State —an active and often deliberate
behavior—, invariably threatened by acts of public agents either through illegal
violation or lawful breach pursuant to laws providing for the termination of life as a
punishment. The central features of such provision are thus arbitrary death and
death.
18.
Some remarkable decisions by the Court have shifted the focus towards the
other side of the right to life which, seen from yet another perspective, constitutes
the other face of State duties: beyond the mere omission curbing arbitrariness or
mitigating punishment, action is required to create conditions to guarantee a decent
existence. In this view, the right to life is restored to its original status as an
opportunity to choose our destiny and develop our potential. It is more than just a
right to subsist, but is rather a right to self-development, which requires appropriate
conditions. In such framework, a single right with a double dimension is set, like the
two-faced god Janus: one side, with a first-generation legal concept of the right to
life; the other side, with the concept of a requirement to provide conditions for a
feasible and full existence, that is to say a concept among the ones considered
“second-generation rights”, to employ a figure of speech that has become successful.
Hence the principle “you may not kill" and its counterpart "you shall favor life.” Both
concepts protect the human being and bind the State.
19.
This rule, which is a dogma of humanism, one of very few unimpeachable
dogmas that enables, and even calls for, a democratic society, charges the State
with an ethically-driven, teleological task, and crystallizes the conviction that political
society has been established, as propounded in the late 18th century, for the
protection of natural rights and the well-being of people. This is what justifies the
State. This idea, which influenced the anthropocentric constitutionalism of the 18th,
19th and 20th centuries, lies at the heart of International Human Rights Law and
governs the language and the spirit of the American Convention.
20.
Such is the origin of the protective function of the State: it is vested with
powers so that it fulfil its duties —otherwise, such power would lack an ethical basis
and legal grounds—, which are aimed at furthering, in the best practicable
conditions, the development of the human being, respecting its dignity and its own
decisions. Needless to say, the State does not relieve individuals from running their
lives, but rather it provides them —or should provide them— with favorable
conditions for their self-development, which involves supplying a large number of
pertinent means. This is where a number of rights including the right to work,
education, health, and housing come into play, together with their corresponding
duties.