80
150. The right to life is a fundamental human right, which full enjoyment is a prerequisite for the enjoyment of the other human rights.203 If this right is not
respected, all other rights do not have sense. Having such nature, no restrictive
approach of the same is admissible.204 Pursuant to Article 27(2) of the Convention,
this right forms part of the essential nucleus, since it is consecrated as one of the
rights that cannot be suspended in cases of war, public danger or any other threat to
the independence or security of a State Party.205
151. By virtue of this fundamental role that the Convention assigns to this right,
the States have the duty to guarantee the creation of the conditions that may be
necessary in order to prevent violations of such inalienable right.206
152.
In that sense, the Court has constantly shown in the cases heard that
regarding the compliance with the obligations imposed by Article 4 of the American
Convention, as regards to Article 1(1) thereof, it is not only presumed that no person
shall be deprived of his life arbitrarily (negative obligation), but also that, in the light
of its obligation to secure the full and free enjoyment of human rights, the States
shall adopt all appropriate measures207 to protect and preserve the right to life
(positive obligation)208
153. In view of the above, the States must adopt any measures that may be
necessary to create an adequate statutory framework to discourage any threat to the
right to life; to establish an effective system of administration of justice able to
investigate, punish and repair any deprivation of lives by state agents,209 or by
individuals;210 and to protect the right of not being prevented from access to
203
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120; Case of 19 Merchants. Judgment of
July 5, 2004. Series C No. 109, para. 153; , Judgment of November 25, 2003, Series C No. 101, para.
152; Case of Juan Humberto Sánchez. Judgment of June 7, 2003. Series C No. 99, para. 110, and the
Case of the “Street Children” (Villagrán Morales et al.), Judgment of November 19, 1999. Series C No. 63,
para. 144.
204
Cf. The “Street Children” Case (Villagrán Morales et al,) supra note 203, para. 144; in this sense see
also Nachova and others v. Bulgaria application nos. 43577/98 and 43579/98, EurCourt HR [gc],
Judgment 6 July 2005, para. 94.
205
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 119.
206
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120.
207
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120; in that sense, also Cf. L.C.B. vs. United
Kingdom (1998) III, EurCourt HR 1403, 36.
208
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120; Case of the “Mapiripán Massacre”,
supra note 9, para. 232; Case of Huilce Tecse. Judgment of March 3, 2005. Series C No. 121, para. 66;
Case of the “Juvenile Reeducation Institute” Judgment of September 2, 2004. Series C No. 112, para.
158; Case of the Brothers Gómez-Paquiyauri. Judgment of July 8, 2004. Series C No. 110, para. 129;
Case of 19 Merchants, supra note 203, para. 153; Case of Myrna Mack Chang, supra note 203, para. 153;
Case of Juan Humberto Sánchez, supra note 203, para. 110; Case of Bámaca-Velásquez. Judgment of
November 25, 2000. Series C No. 70, para. 172; and the “Street Children” Case (Villagrán Morales et al,)
supra note 203, 144 to 146.
209
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120, y Kiliç v. Turkey (2000) III,
EurCourt HR, 62 and 63.
210
Cf. Case of the Pueblo Bello Massacre, supra note 3, para. 120; Case of the “Mapiripán
Massacre”, supra note 9, para. 111; see also Osman v. the United Kingdom (1998) VIII, 115 and 116.