A/HRC/25/33
B.
Impact of the use of the death penalty on children of parents sentenced
to death or executed
18.
Various delegations highlighted the urgent need to examine the effects of capital
punishment in its entirety, including the social, economic and psychological impact on
children of parents sentenced to the death penalty. Some delegations also noted to the
importance of discussing other instances where child rights were affected, including where
a parent was detained, imprisoned or held in incommunicado detention or in exile, deported
or subject to rendition or extrajudicial killing.
19.
Several delegations noted that the families, including children, of persons sentenced
to the death penalty were “hidden victims” as they were not legally considered to be victims
and there was rarely any support for children and family members. In particular, the
children had not committed any crimes, yet they were directly affected by their parent’s
involvement with the criminal justice system. Concurring with panellists and other
speakers, some delegations noted that, from the point of arrest to decades after the
execution or release of a parent accused of a capital crime, children’s mental health and
well-being, living situation and relationships with others could be affected, often in a
devastating manner. In particular, it was emphasized that children suffered severe
repercussions from having parents executed, including on their social and psychological
health. The process of grieving required continuous access to health services. Some
delegations recommended that States provided support for families to access services,
including health and medical services.
20.
Some delegations also noted that the stigma surrounding the death penalty, and the
fact that a disproportionate number of children of parents sentenced to death came from
marginalized backgrounds, could feed the isolation of affected children. It was also noted
that there was a need to consider the effect of the death penalty on children’s attitudes to
violence. It was a paradox that, while States used the death penalty as a tool to fight crime,
they might be creating new offenders.
C.
Best interests of the child, care and assistance
21.
Some delegations highlighted that the Convention on the Rights of the Child sets out
comprehensive guidelines regarding the obligations of the State for the protection of the
human rights of all children, including children of parents sentenced to death or executed.
They emphasized that States that used the death penalty bore full responsibility for ensuring
the protection of the human rights of those children. In particular, States were obliged to
take into account the best interests of any children when sentencing parents.
22.
Various delegations also emphasized the need to address the impact of the
separation of children from their parents, in accordance with article 9, paragraph 4, of the
Convention on the Rights of the Child and in line with the report of the day of general
discussion on children of incarcerated parents. It was also noted that, in a recent resolution
on the right of the child, the Human Rights Council had affirmed, in its resolution 19/37,
that the best interests of the child were an important consideration in all matters concerning
the child related to sentencing of his or her parents.
23.
It was also emphasized that further emotional and material support was needed for
families and children of persons executed in order to reduce stigmatization. That support
was important to prevent children from becoming offenders. Some delegations requested
further information from the panel on the type of assistance and protection that should be
made available, in compliance with the Convention on the Rights of the Child, to the
children of parents sentenced to death or executed.
8
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