A/HRC/21/29
Nations study on violence against children, which called upon States to ensure that no
person below 18 at the time of the alleged offence was subjected to the death penalty, to
immediately suspend the execution of all persons sentenced to death for crimes committed
before they were 18, and to ensure the abolition of the death penalty as a sentence as a
matter of highest priority (A/61/299, para. 97). The Special Representative conducted a
global progress survey to assess follow-up ensured to the recommendations of the study on
violence against children, which contained queries on capital punishment imposed for
offences committed by persons below the age of 18 years. The information received from
States and other partners confirm that the large majority of countries have outlawed the
death penalty, as well as life imprisonment and other forms of inhuman sentencing and
punishment for children.
52.
During the past year, the Special Representative also continued her support to the
campaign to end all inhuman sentencing of children, including the death penalty, launched
with the Child Rights Information Network. As a result of her efforts, special emphasis was
placed on the adoption of national legislation in many States, banning all forms of violence
against children, including capital punishment, and on the implementation of international
human rights standards within the justice system, with priority attention given to the
abolition of death penalty and the suspension of execution of death penalty sentences
imposed for offences committed by persons under 18. In close collaboration with her
partners, the Special Representative will continue to pursue advocacy efforts at the global,
regional and national levels to achieve the universal abolition of death penalty, and to
protect all persons below the age of 18 at the time of the alleged offence from the
imposition of inhuman sentencing and of any other form of violence.
53.
On 30 September 2011, the Committee on the Right of the Child devoted its day of
general discussion to the topic of “Children of incarcerated parents” and sought to raise
awareness about and explore child rights issues related to children of incarcerated parents.
The main points of discussion addressed included the impact on children of a parent’s
involvement with all stages of the criminal justice process, including coping with a parent
in cases involving capital punishment. Several civil society and human rights provided
submissions focusing on these issues.51
B.
Persons with mental or intellectual disabilities
54.
In accordance to Economic and Social Council resolution 1984/64, paragraph 1 (d),
States should eliminate the death penalty “for persons suffering from mental retardation or
extremely limited mental competence, whether at the stage of sentence or execution”. This
was reiterated by the Commission on Human Rights through resolution 2005/59.
55.
Human rights organizations reported that, despite a significant national ruling
providing that the execution of death row inmates with “mental retardation” violated the
Eighth Amendment,52 the United States had continued to execute severely mentally ill
persons. For instance, in February 2012, Edwin Turner was executed in Mississippi. He had
been released from a mental hospital just weeks before the murder for which he was
convicted. Despite the constitutional prohibition, the United States also continued to
execute intellectually disabled individuals during the reporting period. In February 2012,
Robert Moorman was executed in Arizona, despite the fact he had been diagnosed with
mental retardation and attended special education classes as a child. He was first admitted
to a mental health hospital at 13 years old. The United States Supreme Court recently
51
52
14
Available from http://www2.ohchr.org/english/bodies/crc/discussion2011_submissions.htm.
Atkins v. Virginia, United States Supreme Court, 2002.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents