A/HRC/45/20
Arabia 218 and Kuwait 219 to abolish the death penalty for persons with psychosocial or
intellectual disabilities and suspend all current death sentences.
VI. Human rights of children of parents sentenced to the death
penalty or executed
55.
According to the Human Rights Committee, States should refrain from executing
persons whose execution would lead to exceptionally harsh results for them and their
families, such as parents of very young or dependent children. 220
56.
In their submissions, Egypt indicated that birth certificates of children born in prison
did not indicate where the child was born, while Iraq noted that children of executed fathers
could inherit and children who were orphaned could access social assistance. Other
submissions highlighted the impact on these children221 in Bahrain,222 Cameroon,223 India224
and Sri Lanka,225 and the extreme psychological distress, economic hardship, and social
stigmatization they faced in Malawi. 226 Research on Indonesia 227 and Pakistan 228 further
highlighted these concerns. The Quaker United Nations Office has recommended that, to
avoid the extreme suffering experienced by children when a parent is sentenced to death or
executed, States should implement ways to deal with crime without resorting to capital
punishment.229
57.
The Committee on the Rights of the Child recommended that Bahrain provide any
psychological and other support necessary to children whose parents had been sentenced to
death or life imprisonment.230 The Committee urged Singapore to take the best interests of
the child into consideration when issuing the death penalty, and provide psychological and
other support necessary to children whose parents had been sentenced to death. 231 The
Special Rapporteur on extrajudicial, summary or arbitrary executions stated that if a
detained foreign national had children in the country of detention, consular officials must
assess their situation and level of care, provide assistance, assist with regular prison visits
and help repatriate the children, depending on circumstances. 232 The African Commission’s
Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and
Enforced Disappearances in Africa urged States to mitigate the effects of the death penalty
on the children of persons sentenced to death or executed, by providing them with the
necessary psychological and material support and assistance.233 On the World Day against
the Death Penalty in 2019, dedicated to this issue, the European Union and the Council of
Europe jointly highlighted the impact that the death penalty had on the children of people
subjected to the death penalty. They observed that denying children and families a burial or
cremation violated their human rights, notably their right to be free from cruel, inhuman
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
CRPD/C/SAU/CO/1, paras. 17–18.
CRPD/C/KWT/CO/1, paras. 20–21.
General comment No. 36, para. 49.
Quaker United Nations Office and Advocates for Human Rights/World Coalition Against the Death
Penalty submissions.
Reprieve/Bahrain Institute for Rights and Democracy submission.
Cornell Centre for Death Penalty Worldwide submission.
Project 39A submission.
Freedoms Collective/Reprieve submission.
Community of Sant’Egidio /Reprieve submission.
See www.ecpm.org/wp-content/uploads/rapportindon%C3%A9sie_gb.pdf, p. 79.
See www.fidh.org/IMG/pdf/pakistan740angweb-2.pdf, p. 32.
See
https://quno.org/sites/default/files/resources/QUNO_Protection%20of%20the%20Rights%20of%20
CPDSE_An%20Expert%20Legal%20Analysis.pdf, p. 30; see also
https://quno.org/resource/2019/7/briefing-tools-unseen-victims.
CRC/C/BHR/CO/4-6, para. 35.
CRC/C/SGP/CO/4-5, para. 34.
A/74/318, para. 101.
See www.achpr.org/pressrelease/detail?id=442.
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