A/HRC/24/18
of the death penalty is frequently discriminatory. It is often used disproportionately against
the poor and members of racial, ethnic, religious and sexual minority groups.
72.
The new EU Guidelines on the death penalty emphasize that the death penalty must
not be applied or used in a discriminatory manner on any ground, including political
affiliation, sex, racial or ethnic origin, religion or belief, disability, age or sexual
orientation.
73.
During the reference period, Islamic Republic of Iran, Mauritania, Saudi Arabia,
Sudan and Yemen continued to retain laws providing the imposition of the death penalty
against those found guilty of offences relating to consensual, adult, same-sex relationships
that do not meet threshold of “most serious crimes”. In addition, local and regional courts
in some parts of Somalia and Nigeria continued to have power to impose the death penalty
for such offences on the basis of the Sharia law.75 While no execution in cases involving
consensual same-sex conduct was confirmed in the past year, the mere existence of these
laws has a terrorizing effect on an entire community and, as in other places where
homosexual relationships are criminalized, also reinforces stigma, and fuels discrimination
and violence against anyone perceived to be gay or lesbian. In Uganda, a bill remains
before Parliament, which, if passed in its present form, would allow for the imposition of
the death penalty in cases of so-called “aggravated homosexuality” – including against
repeat offenders and those who are HIV-positive.
74.
The Centre for Migrant Workers reported that foreign nationals and migrant workers
remained disproportionately affected by the death penalty in several States.76 With regard to
the execution of a foreign national in Saudi Arabia, the Special Rapporteur on the human
rights of migrants stated that “given the large number of women migrant domestic workers
in Saudi Arabia it is of paramount importance that transparent laws are put in place to
ensure that all procedural rights and guarantees are afforded to all persons in Saudi Arabia,
no matter their migration status or nationality.”77
VII. Human rights of children of parents sentenced to the death
penalty or executed
75.
Murder Victims’ Families for Human Rights – a group of family members of
murder victims – maintains that “the death penalty does not help to heal and is not the way
to pursue justice for victims”. In addition, it argued that the families of the executed can
also be viewed as victims under the United Nations Declaration of Universal Principles of
Justice for Victims of Crime and Abuse of State Power.78
76.
In a resolution adopted in March 2013, the Human Rights Council acknowledges the
negative impact of a parent’s death sentence and his or her execution on their children, and
urges States to provide those children with the protection and assistance they may require.
It also calls upon States to provide those children, or, where appropriate giving due
consideration to the best interests of the child, another member of the family, with access to
their parents and to all relevant information about the situation of their parents
(A/HRC/RES/22/11).
75
76
77
78
A/HRC/19/41, para. 45.
Submission of the Centre for Migrant Advocacy for the report of the Secretary-General on the
question of the death penalty, March 2013.
See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12922&LangID=E.
Murder Victims’ Families for Human Rights, “Creating More Victims: How Executions Hurt the
Families Left Behind”, available at http://www.mvfhr.org/sites/default/files/pdf/MVFHReport.pdf.
17
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