A/HRC/25/33
used the death penalty ensured that children maintained contact with the parent in prison by
facilitating visits and developing child-friendly visiting conditions and environment. States
should create a system whereby children were protected from risks, defended, fed, clothed,
sheltered and given appropriate medical care. He also recommended that States provide
advice and support to other parents and caregivers of children with a parent sentenced to
death, and support and cooperate with non-governmental, faith-based and civil society
organizations. Finally, he highlighted the importance of public awareness and the
engagement of schools in providing support to avert the harmful effects of parental
imprisonment and execution.
IV. Summary of the discussion
14.
During the plenary discussion, the following delegations spoke: Algeria, Angola,
Argentina, Australia, Austria, Belgium, Cuba (on behalf of Community of Latin American
and Caribbean States), Egypt, the European Union, Ireland, Italy, Montenegro, Morocco,
New Zealand, Norway, Pakistan (on behalf of a group of States), Poland, Portugal, the
Republic of Moldova, South Africa, Spain, Sweden, Switzerland, Thailand, the United
Arab Emirates and the United Kingdom of Great Britain and Northern Ireland. The
following delegations from non-governmental organizations also contributed to the
discussion: Penal Reform International, Verein Südwind Entwicklungspolitik, the Friends
World Committee for Consultation (Quakers), Defence for Children International, the
International Catholic Child Bureau, Amnesty International and SERVAS International.
A.
General remarks on the use of the death penalty
15.
Some delegations expressed their opposition to the death penalty and firmly
supported the universal abolition of the death penalty. They considered the death penalty as
an inhumane form of punishment, constituting a serious violation of human rights and
human dignity. Some delegations also emphasized that there was no clear evidence
regarding the deterrent effect of the death penalty, and that any miscarriage or failure of
justice in its application was irreversible and irreparable. Concerns were expressed
regarding the application of the death penalty in an arbitrary manner and in secrecy.
16.
Several delegations emphasized that States that continued to apply the death penalty
must guarantee the protections set out in international instruments, including the
International Covenant on Civil and Political Rights, the Convention of the Rights of the
Child and safeguards guaranteeing protection of the rights of those facing the death penalty
(Economic and Social Council resolution 1984/50). In that regard, some delegations further
highlighted that article 6, paragraph 2, of the Covenant requires that States continuing to
apply the death penalty can only impose that sentence for the most serious crimes. Some
delegations noted that ensuring enjoyment of the human rights of children of persons
sentenced to death could be used as a supplementary argument in favour of adopting
moratoriums on the use of the death penalty.
17.
In the light of the negative effects on children, some delegations also called upon
States that had not yet abolished the death penalty to introduce a moratorium on executions,
with a view to abolishing them; and to ratify the Second Optional Protocol to the
International Covenant on Civil and Political Rights. It was also emphasized that there was
a need for alternative humane punishment that corresponded to the best interest of the child
as well as public interests.
7
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