1. The right to life

 

 

 

 

 

We know that, from the maternal womb, the unborn child risks to be tragically uprooted or even to die because of the sufferings, which can affect his/her, mother (famine, violence, armed conflicts, rape [26], abandonment...). The unborn child already holds fundamental rights, including the right to life [27]. He/she is neither the simple extension of his/her parents' life and desire nor their property [28]. He/she has also a right to health care.

He/she needs his/her parents to be prepared to receive him/her adequately. It is therefore necessary to prepare young people to understand all the dimensions of responsible parenthood. Once these conditions are fulfilled, no coercion should be exercised on their own parental projects or to impede a started pregnancy.

The society and the State should implement structures aiming at offering good conditions for a child's birth. They also have to promote a culture of respect for his/her own life as well as for his/her mother's [29].  This respect is indispensable to live in a human society and for the adult to-be to provide a positive contribution.

 

 

Many children die due to a cycle of abandonment, exclusion (the phenomenon of the so-called child "sorcerers" in Africa, street children), marginalization, forced migration, violence. The right to life then goes through concrete measures related to the fight against extreme poverty, and through the world effort to eradicate the most dangerous diseases. [30]

 

 

Death penalty is still applied to juvenile delinquents [31].

The new Arab Charter on Human Rights adopted on 15 January 2008 stipulates at its Article 7 §1 that: "Sentence of death shall not be imposed on persons under 18 years of age, unless otherwise stipulated in the laws in force at the time of the commission of the crime." This provision is contrary to the Convention ratified by all Arab States.

[26] In a certain number of conflicts, rape has been used or is used as a weapon of war (conflicts in the former Yugoslavia, in some African countries...).

[27] Article 6 of the Convention stipulates that « §1 States Parties recognize that every child has the inherent right to life. §2 States Parties shall ensure to the maximum extent possible the survival and development of the child."

[28] When an adequate distance is not respected, as it is sometimes the case in developed countries, we assist to an over protection of the child, which is harmful to his/her development.

[29] See Article 24 of the Convention: "Ensure appropriate pre-natal and post-natal health care for mothers, {...} develop preventive health care, guidance for parents and family planning education and services." These measures are also important to achieve the Millennium Development Goal 4: "Reduce child mortality."

[30] According to the World Health Organization (WHO) "about 40% of the world population, mainly in the poorest countries is exposed to malaria. Every year, more than 500 million people are affected by it". Deaths - mainly in Sub Saharan Africa- fluctuate between 1 and 3 million per year and touch pre- eminently children under 5. Atlas des migrations op. cit. p.176.

[31] According to Amnesty International, in 2007, 8 death penalty sentences have been applied to juvenile delinquents: 6 in Iran, 1 in Saudi Arabia, 1 in Yemen:

http:www.amnesty.ch/fr/themes/peine-de-mort/aiarticle.2006-06-13.0508893563