B.2(a). Right to Life

Every Person has the Right to life and to be free from unlawful killing.

This is very straightforward. It is a full-throated affirmation that people are protected from unlawful killing.

This Right cannot be interpreted to override any other Right protected by this Charter.

Throughout this Charter, I’ve made an effort to clarify that one person’s rights should not be used to curtail another person’s rights. This sentence affirms that principle, which is explicitly stated in Article IV, Section 5.A.2.

Lawful exceptions may include killing in military service, killing in self-defense, or killing in the defense of others. They also certainly include deaths occurring in the course of lawful military or civil service.

Everyone has a right to life, but there are instances where killing can be lawful. This sub-clause lays out examples. I’ve intentionally worded this using “may,” rather than “are.” That’s because I can’t foresee every possible scenario where killing may be lawful, but I’ve shown examples of the kinds of things that are included. Lawful military or civil service, in this context, includes not only killing but dying in service. That’s to prevent wrongful death claims for people drafted into service. Those deaths are tragic, but they sometimes happen, and they are not violations of civil rights.

I’ve intentionally avoided explicitly addressing capital punishment. I believe it is immoral, but the issue remains a topic of debate. The use of “may” preserves the ability of Congress to authorize it. Still, I will not put my own pen to paper to do so.

Nothing in this section prevents accountability for unlawful conduct that causes death.

This is a guardrail sentence for the one that precedes it. It prevents military or government officials from claiming immunity for war crimes, negligence, reckless endangerment (beyond the inherent risks of duty), or other unlawful conduct that causes death.