A/HRC/39/19
communication with the convicted person and the return of the body to the family for burial or
to inform them of where the body was located, unless that was not in the best interests of the
child.
47.
In the context of a recent study by the Organization for Security and Cooperation in
Europe, the Special Representative of the Secretary-General on Violence against Children
stated that while more research was urgently needed on the issue, the evidence available was
sufficiently sound and convincing to recognize the urgency of ensuring a protective
environment for such children.162 States should therefore take appropriate steps in that regard so
as to prevent discrimination against children and provide them with the services and the
recovery and reintegration measures they urgently required.163
VII. Conclusions and recommendations
48.
The present report demonstrates that several countries have taken steps towards
the abolition of the death penalty. The Secretary-General welcomes all measures
undertaken by States towards limiting the application of, or abolishing, the death penalty.
These measures constitute progress in the protection of the right to life and are important
steps towards the universal abolition of the death penalty, reaffirming the growing trend
towards the progressive abolition of this practice. States that continue to impose and
implement death sentences should declare and implement a moratorium on executions
with a view to abolishing the death penalty. The Secretary-General also remains opposed
to the cruel and dehumanizing practice of public executions and calls on the few States
that maintain this practice to refrain from it.
49.
States that have not yet abolished the death penalty may only impose it for the
“most serious crimes”, which has been consistently interpreted as meaning intentional
killing. He recalls that the death penalty must never be imposed as a sanction for specific
forms of non-violent conduct such as apostasy, blasphemy, adultery and consensual samesex relations. States should also refrain from using the death penalty for crimes not
involving intentional killing such as drug-related offences or overly broad terrorismrelated crimes. States should also ensure that persons with mental or intellectual
disabilities are not sentenced to death. Laws and sentencing guidelines must be developed
or amended to prohibit the imposition of the death sentence on such persons and their
execution.
50.
International law clearly prohibits the imposition of the death penalty on juvenile
offenders. The Secretary-General urges States to review and amend legislation in line with
the International Covenant on Civil and Political Rights and the Convention on the Rights
of the Child, to ensure that legislation clearly prohibits the imposition of the death penalty
on a person for a crime committed when he or she was under 18. States should
immediately halt executions of juvenile offenders and resentence all juvenile offenders on
death row, while ensuring that such individuals do not simply receive life sentences in
place of execution.
51.
States that still use the death penalty should recognize the urgency of ensuring a
protective environment for the children of parents sentenced to death or executed,
thereby preventing discrimination and stigma, and of providing them with assistance for
their recovery and reintegration. States should also take measures to assist children of
their nationals who may face the death penalty abroad.
52.
The implementation of the death penalty without the requisite transparency makes
it difficult, if not impossible, to assess whether it is being carried out in compliance with
162
163
16
See www.osce.org/odihr/343116?download=true, pp. 8−9.
Ibid.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents