Right to life
Section 9 of the Victorian Charter of Human Rights is about protecting your right to life. That means your right to be alive. It applies to everyone in Victoria from the time they are born, including people in prison.
It says every person in Victoria has the right to life, and the right not to have their life taken away arbitrarily. Having your life taken away arbitrarily means for a reason that might be against the law, or if it was unreasonable or disproportionate.
The right to life becomes especially relevant in prisons when it comes to:
- The use of force by prison officers (for example, if a prison officer shot someone unnecessarily without giving them a warning or chance to surrender)
- Medical treatment in custody (for example, if a person in prison was refused medical treatment and then died)
- When there is a risk of self-harm or suicide
- Investigations by the Coroner’s Court of Victoria when a person dies in prison
Duties of Corrections Victoria and prison staff under section 9
Section 9 creates positive and negative duties for public authorities in Victoria (which includes Corrections Victoria and Victorian prisons).
Positive duties mean things public authorities must do to protect your right to life. For example, public authorities must have a framework of laws, policies, procedures and training that guide what they do in order to protect the right to life. They also have a duty to warn the Victorian public about life threatening hazards or dangers, and if they deprive someone of their life, they have a duty to investigate the death.
Public authorities have a special duty of care to protect the life of people who are in their care – including people in prisons. In prisons, the right to life means that prison staff must protect you and prevent harm that would endanger your life. This could mean decisions on where you are accommodated to ensure that you and others are protected from being hurt, or making sure you get the medical treatment you need to live.
Negative duties mean things public authorities must not do in order to protect your right to life. They must not arbitrarily or intentionally deprive you of your life.
International law
Section 9 is based on Article 6(1) of the International Covenant on Civil and Political Rights (ICCPR), which says “Everyone has the right to life, liberty and security of person.”
The right to life has been important for stopping the arbitrary deprivation of life overseas through the death sentence. For more information on the ICCPR, click here.
Use the link on the left of this page to see examples of a breach of the right to life in prison.