A/HRC/14/35
3.
The use of capital punishment and of life imprisonment without the
possibility of release for offences committed by persons under 18 years
of age
18.
Both the International Covenant on Civil and Political Rights (art. 6, para. 5) and the
Convention on the Rights of the Child (art. 37 (a)) include an obligation that capital
punishment may not be imposed for offences committed by persons below 18 years of age.
The Convention on the Rights of the Child also specifies that States parties may not allow a
sentence of life imprisonment without possibility of release to be imposed for offences
committed by persons below 18 years of age (art. 37 (a)). In resolution 10/2, the Human
Rights Council urges States to respect these norms under both legislation and practice.
19.
All States contributing to the present report noted that they have abolished the death
penalty, and many reported the abolition of life imprisonment for juveniles. Capital
punishment was abolished in the Netherlands in 1870 and in 2008 life sentences for
juveniles were abolished. In the Republic of Moldova, capital punishment has been
abolished, and life imprisonment cannot be applied to juveniles or to women. In Paraguay
the death penalty has been abolished, and the maximum custodial sentence for juveniles is
eight years, life imprisonment for juveniles thus being prohibited.
20.
Uruguay indicated that the Constitution prohibits both the death penalty and life
imprisonment, the most severe penalty being 30 years in prison. Mexico indicated that the
death penalty has been abolished and life imprisonment is prohibited for individuals under
18 years of age. Slovakia noted that the death penalty was abolished in 1990 and that the
relevant regional and international conventions on abolition have been ratified. According
to the Slovak law, it is not possible for children to be sentenced to life imprisonment. Under
the Criminal Code, the penalties for juveniles are lowered to half the amount stipulated for
adults, and the maximum prison sentence length for juveniles is 15 years. Canada reported
that its national law prohibits capital punishment and life imprisonment without the
possibility of release for adults as well as youth.
4.
The situation of women and girls in prison, including issues relating to
the children of women in prison
21.
The situation of women and girls in detention, including their children, raises
specific human rights concerns, including those linked to their vulnerability to various
forms of violence, abuse, injustice and humiliation. In its resolution 10/2, the Human
Rights Council invited governments, relevant international and regional bodies, national
human rights institutions and non-governmental organizations to devote greater attention to
the issue of women and girls in prison, including issues relating to the children of women in
prison, with a view to identifying and addressing the gender-specific aspects and challenges
related to this problem.
22.
The Netherlands reported that women and men are detained in separate facilities in
its system. In one of the women’s facilities a special programme is run to support detained
mothers in raising their children. This project, entitled “Better start”, is being evaluated. In
exceptional cases, a mother can be allowed to keep her child with her in the detention
facility until a certain age.
23.
The Republic of Moldova noted the working and education opportunities offered to
women in detention, including paid work and access to sports and artistic activities. In the
six months before release, reintegration programmes are offered. Women with children can
be housed in separate blocks with gardens. Children are held with mothers until they are
three years old. Pregnant women in prison receive the requisite health care, and childbirth
GE.10-13056
7
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