Open AccessExtraterritorial application of the right to life on the high sea . Commentary to the Views adopted by the Human Rights Committee of 27 January 2021, A.S., D.I., O.I. and G.D. against Italy, Communication No. 3042/2017
Author(s) -
Bartosz Pacholski
Publication year - 2021
Publication title -
studia prawnicze kul
Language(s) - English
Resource type - Journals
eISSN - 2719-4264
pISSN - 1897-7146
DOI - 10.31743/sp.12721
Subject(s) - human rights , international covenant on civil and political rights , law , covenant , political science , state (computer science) , politics , right to life , international human rights law , fundamental rights , action (physics) , subject (documents) , international law , right to property , algorithm , computer science , physics , quantum mechanics , library science
The subject matter of this commentary, which instigates the Views of the Human Rights Committee of 27 January 2021, is the protection of one of the fundamental human rights – the right to life. The Committee, as an authority appointed to oversee compliance with the International Covenant on Civil and Political Rights, had to decide on the issue of Italy’s responsibility for failing to provide assistance to a boat in distress, even if the area in which the vessel was located was not within the territory of this state and other acts of international law attribute the responsibility for executing the rescue operation to a third country. According to the Committee’s views, which applied extraterritorial approach to the protection of the right to life, whenever states have the opportunity to take action for the protection of human rights they should do everything possible in a given situation to help people in need.