Xenophobia and the Right to Life: Examining State Obligations under International Human Rights Law and Jurisprudence

Abstract

Xenophobic violence poses a critical threat to the sanctity of human life. The legal and moral dimensions of xenophobia reflect both a failure of state protection and a breakdown of ethical responsibility within society. This work set out to determine to what extent xenophobic violence has undermined the legal concept of the sanctity of life; to find out who bears responsibility for such acts—states, individuals, or both; and to recommend measures that can be adopted to mitigate this growing threat. Using a doctrinal and analytical approach, the work focused on recurrent xenophobic attacks, particularly in South Africa, to demonstrate the gap between legal norms and practical enforcement. Drawing on constitutional provisions, regional human rights instruments, and international law, the work analysed the extent to which existing legal frameworks safeguard or are inadequate in safeguarding the right to life and the protection of non-nationals from targeted violence. It explored judicial interpretations of the principles of the right to life, due diligence, and moral philosophy, emphasising the concept of human dignity and universal moral responsibility. It found that xenophobic violence represents not merely a failure of law enforcement but a deeper moral crisis that necessitates a reinvigoration of both legal mechanisms and ethical consciousness. It recommended strengthened legal mechanisms, civic education, and regional cooperation to protect the sanctity of life and promote social cohesion in plural societies. The study concluded that addressing xenophobic violence requires an integrated response that combines effective legal enforcement, institutional accountability, political responsibility, and moral reorientation.