Article 3:
Everyone has the right to life, liberty and security of person.

Subsequent Development

Article 3's protection of "life, liberty and security of person" has influenced, and been included in, many subsequent international and regional human rights instruments.

The Right to Life

Article 6 of the ICCPR provides a series of limitations on the imposition of capital punishment, and encourages states to move forward to its abolition. Article 6 does not, however, prohibit capital punishment altogether. The subsequent Second Optional Protocol to the Covenant does require abolition of capital punishment. It entered into force in 1991, and had 35 States Parties as of January 1, 1999.

Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms does not expressly prohibit capital punishment either. The Sixth Protocol to this Convention, however, requires abolition of the death penalty. Some European states are parties to this Protocol but not to the Second Optional Protocol to the ICCPR.

The Right to Liberty and Security of the Person

Protection of the rights to liberty and security of person have become one of the most established features of modern international human rights law. See, for example:

Article 9 of the ICCPR;

Article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms;

Article 7 of the American Convention on Human Rights; and

Article 6 of the African Charter on Human and People's Rights.


Peter Danchin, Columbia University