A/HRC/25/33
E.
Children of parents facing the death penalty in foreign States
29.
Various delegations stated some of their citizens were facing the death penalty in
other countries. Children who were in the same country as the sentenced parents might need
help to be repatriated to the country of origin, or stay near the parent, depending on various
factors, such as the child’s age and the availability of suitable carers. In that regard, some
delegations also urged States to fully respect the provision of consular assistance to foreign
nationals who were sentenced abroad.
V.
Concluding remarks and recommendations
30.
In their concluding remarks, the panelists emphasized that the best option
would be abolishing the death penalty; however, where that was not yet the case, it
was important to develop measures to minimize the harm suffered by the children of
parents sentenced to death or executed. Some 193 States had ratified the Convention
on the Rights of the Child, which sets out the best interests of the child as the primary
consideration. All States, by adopting the necessary measures, must ensure that
children’s rights were taken into consideration during sentencing. The panellists also
concurred with various delegations that there was a need for treaty bodies and the
Human Rights Council to think more about how the best interest of the child could be
evaluated in accordance with the provision of the Convention on the Rights of the
Child. Furthermore, the panellists also emphasized that it was necessary to provide
support and advice to the remaining parent, caregivers and civil society groups, and
there was also a need to involve schools in the issue, as schools were suitable
institutions at which children could get significant support.
31.
The following recommendations were made for further action by the Human
Rights Council and other United Nations human rights entities, including the relevant
treaty bodies:
(a)
Convene an expert seminar, with United Nations experts and
practitioners, in order to investigate the issue further, including a full examination of
the applicable human rights framework, to enable all relevant international human
rights treaty bodies and special procedures to engage with the issues, as well as to
provide guidance to States and other bodies;
(b)
Develop further guidance regarding the form of assistance referred to in
articles 9 and 20 of the Convention on the Rights of the Child, in particular by the
Committee on the Rights of the Child drafting a general comment to elaborate on the
issue;
(c)
Provide due attention to protection of all children from all forms of
violence in the context of the current development of the post-2015 agenda, as this
could contribute to social progress and the realization of the Millennium Development
Goals;
(d)
Conduct further research both to understand the scale of the problem
for those affected and the issues that individual children of parents sentences to death
experience; and what States, national human rights institutions, civil society
organizations and other stakeholders can do to address challenges in the full
possible informed and transparent national and international debates, including on the obligations of
States pertaining to the use of the death penalty”.
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