A/HRC/42/25 in conformity with international human rights law, and noted that States providing bilateral technical assistance to combat drug crimes must ensure that programmes to which they contributed did not result in violations of the right to life. B. Discrimination against members of vulnerable or marginalized groups 34. Delegates expressed deep concern at the disproportionate application of the death penalty against members of ethnic, religious or sexual minorities, foreign nationals, the poor and economically vulnerable, members of the political opposition, human right defenders, persons with psychosocial or intellectual disabilities, and the socially marginalized. 35. Many delegates noted that gender bias in criminal legal systems could lead to women being sentenced to death not only for their crime, but due to perceived transgressions of gender norms. In this regard, it was noted that women’s and girls’ history as survivors of gender-based violence, child marriage and harmful traditional practices was often not taken into account as a mitigating factor. 36. A number of delegates called upon all States to respect the international prohibition on executing persons who were minors at the time of the crime, pregnant women, or persons with serious psychosocial or intellectual disabilities, as provided for in article 6 (5) of the International Covenant on Civil and Political Rights and in the Safeguards guaranteeing protection of the rights of those facing the death penalty. 9 37. Some delegates drew attention to the impact of discrimination in the use of the death penalty on the children and families of persons sentenced to death, and the discrimination they faced due to the execution of their parent or family member. In this regard, reference was made to the call for an expert seminar on the rights of children of parents sentenced to the death penalty or executed, following the panel discussion held on the topic during the twenty-fourth session of the Human Rights Council (A/HRC/25/33, para. 31). C. Unequal access to justice 38. Delegates emphasized that any imposition of the death penalty following a criminal trial that did not fully respect all substantive and procedural fair trial safeguards constituted arbitrary execution and violated the right to life. In particular, some delegates stressed that legal systems that were opaque or corrupt did not provide equal justice to all and increased the risk that a State might execute an innocent person. 39. Delegates observed that the death penalty was used almost exclusively against the poor, who had often not had equal access to justice or an adequate defence. Poor and marginalized populations were less likely to be aware of, or able to assert, their rights. Some defendants were not provided with free legal aid when they were unable to afford a lawyer. Many could not afford bail, which might limit their ability to actively participate in their defence. 40. Several delegates emphasized the importance of prompt consular notification and assistance to foreign nationals facing charges that might carry the death penalty. General Assembly resolution 73/257 on the Judgment of the International Court of Justice of 31 March 2004 concerning Avena and Other Mexican Nationals: need for immediate compliance was highlighted in this regard. D. Discriminatory laws 41. Many delegates deplored the existence of laws imposing the death penalty for conduct that should not be criminalized, including behaviours classified as apostasy, 9 8 Economic and Social Council resolution 1984/50, annex.