You are on page 1of 2

Is right to life absolute and non-derogable?

The right to life is non-derogable but it is not absolute. To further explain this,
first, we should distinguish absolute rights from non-derogable rights.
Absolute rights are those that cannot be limited in any way, at any time, for
any reason. On the other hand, non-derogable rights are rights that cannot
be suspended, even in a state of emergency.
The right to life is protected by several laws/declarations/treaties. The
International Convention on Civil and Political Rights (ICCPR), a key
international human rights treaty providing a range of protection for civil and
political rights, provides in Article 6 that Every human being has the
inherent right to life. This right shall be protected by law. No one shall be
arbitrarily deprived of his life. Article 3 of the Universal Declaration of
Human Rights (UDHR), which sets out fundamental rights that should be
universally protected, provides that Everyone has the right to life, liberty
and security of person. These two, together with the International Covenant
on Economic Social and Cultural Rights, are considered the International Bill
of Human Rights. As such, the right to life is essential and thus, nonderogable. In our own jurisdiction, the 1987 Philippine Constitution, the
protection of life is described as essential for the enjoyment by all the
people of the blessings of democracy. The right to life could not be violated
under any circumstances. The states have no legal basis to refuse to honor
this right, even in a state of emergency. It could not be compromised or
ignored.
However, although the right to life is non-derogable, it is not absolute. I say
that it is not absolute because there may be instances wherein this right
could be reasonably limited, like when taking of a life is required to protect
the life of the majority. For instance, a police may shoot someone who poses
a threat to a greater number of persons, or a threat to national security, like
the killing of known terrorists. There are also cases wherein you have to
choose between the right to life of a mother and her child. Although the
Constitution calls for equal protection of the life of both the mother and the
child, there may be some cases wherein in order to protect the right to life of
one of them, you have to sacrifice the other, or else both of them dies.
On the other hand, right to life is non-derogable

ABSOLUTE absolute,adj.1. Free from restriction, qualification, or condition .2. Conclusive and
not liable to revision .3. Unrestrained in the exercise of governmental power . absolute,n.
absolute right. 1. A right that belongs to every human being, such as the right of personal liberty;
a natural right. 2. An unqualified right; specif., a right that cannot be denied or curtailed except
under specific conditions < freedom of thought is an absolute right>. For example, a plaintiff
has an absolute right to voluntarily nonsuit a case before it is finally submitted; after final
submission, the court has discretion to grant or deny a voluntary nonsuit. Cf. relative right.
DEROGATION derogation (der-<>-gay-sh<>n), n.1. The partial repeal or abrogation of a law by
a later act that limits its scope or impairs its utility and force . [Cases: Statutes 237, 239. C.J.S.
Statutes 380, 382.] 2. Disparagement; depreciation in value or estimation .3. Detraction,
prejudice, or destruction (of a grant or right) . derogate (der-<>-gayt), vb.

You might also like