A/HRC/30/18
defendants in capital cases (see A/HRC/11/2/Add.5). In a recent judgement, the Supreme
Court of India referred to poverty as a new mitigating factor to commute a convict’s death
penalty to life imprisonment. It stated that socioeconomic compulsions such as poverty
were factors that should be considered by Courts while awarding a death sentence. 45
Research into death row prisoners in India has found that the overwhelming majority of the
convicted individuals are poor and from lower castes. 46
III. Consequences arising at various stages of the imposition
and application of the death penalty for the enjoyment
of the human rights of other affected persons
A.
Children of parents sentenced to death or executed
40.
The negative impact on the human rights of children whose parents are subject to the
imposition and execution of the death penalty has received increasing attention. 47 In its
resolution 68/147 on the rights of the child, adopted in 2013, the General Assembly
acknowledges that a parent’s deprivation of liberty, sentencing to death or life
imprisonment has a serious impact on children’s development, and urges States, in the
framework of their national child protection efforts, to provide the assistance and support
those children may require. Also in 2013, the Human Rights Council adopted resolution
22/11 on a panel on the human rights of children of parents sentenced to the death penalty
or executed. In September 2013, at the panel organized by the Council, experts highlighted
a number of negative short- and long-term effects of a parent’s death sentence on his or her
children, including infringement of the enjoyment of a range of rights and obligations set
out in the Convention on the Rights of the Child. These included, in particular, the
obligation to ensure that the best interests of the child are duly taken into account and
protected (art. 3); the right to be free from violence, in particular mental violence (art. 19);
the right to special protection and assistance provided by the State when a child is deprived
of his or her family environment (art. 20); and the right to a standard of living adequate for
the child’s physical, mental, spiritual, moral and social development (art. 27 (1)) (see
A/HRC/25/33).
41.
In October 2013, the Committee on the Rights of the Child recommended that
Kuwait assess and fully take into account the best interests of the child in judicial
proceedings where parents are involved and when sentencing parents to death (see
CRC/C/KWT/CO/2, para. 32).
42.
In her recent report to the Human Rights Council, the Special Rapporteur on the
independence of judges and lawyers expressed concern that, despite the particular
emotional and psychological distress of children whose parents were sentenced to death —
who also often experienced social isolation and stigmatization — the support they were
given was very limited. She therefore recommended that prosecutors and judges consider
the best interests of the defendant’s children before requesting and ordering the death
penalty (see A/HRC/29/26, para. 77).
45
46
47
See http://judis.nic.in/supremecourt/imgs1.aspx?filename=40836.
See www.outlookindia.com/article/most-death-row-convicts-are-poor/292798.
See www.ohchr.org/EN/NewsEvents/Pages/HiddenVictims.aspx.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents