A/HRC/27/23
of American States and the American Declaration of the Rights and Duties of Man.58 The
recent execution of persons with intellectual and mental disabilities in the country raised
concerns about the implementation of the judgment of the Supreme Court in the case of
Atkins v. Virginia (case No. 536 U.S. 304), which prohibits the execution of such
individuals.
64.
In May 2014, the United States Supreme Court issued another decision in Hall v.
Florida (case No. 572 U. S. ____ (2014)) with regard to the use of the death penalty against
persons with mental and intellectual disabilities. In that decision, the Court further
elaborated the notion of the Atkins decision and held that it was unconstitutional to refuse to
take into account mental factors other than an IQ test. It stated that the death penalty was
the gravest sentence society might impose. Persons facing that most severe sanction must
have a fair opportunity to show that the Constitution prohibits their execution.
VII. Human rights of children of parents sentenced to the death
penalty or executed
65.
In September 2013, the Human Rights Council held a panel discussion on the human
rights of children of parents sentenced to the death penalty or executed. The panellists
highlighted the devastating impact on children, including long-term damage to their mental
health, when a parent is accused of a capital crime. They highlighted that the emotional
trauma caused at the time of arrest continued even decades after the execution or the
parent’s release. The panel discussion addressed various areas requiring the adoption of
measures: the best interests of the child and the provision to children of parents facing the
death penalty of care, assistance, information and access to their parents on death row.59
66.
The situation and the needs of those children have been increasingly taken into
consideration by several United Nations bodies, including the Committee on the Rights of
the Child, the Human Rights Council in its universal periodic review and the General
Assembly. In September 2013, in concluding observations adopted following the review of
a periodic report of Kuwait, the Committee on the Rights of the Child recommended that
Kuwait assess and fully take into account the best interests of the child in judicial
proceedings where parents are involved and when sentencing parents to death
(CRC/C/KWT/CO/2, paras. 31 and 32). During the review of a periodic report of China, the
Committee asked the Chinese delegation whether courts took into account the best interests
of the child when imposing the death penalty on a parent (CRC/C/SR.1833, para. 21). In its
list of issues for India, the Committee asked the Government to provide specific details on
measures taken to guarantee the right of the child to have his or her interests taken as a
primary consideration for children whose parents are involved in criminal proceedings,
specifically in sentencing and cases involving capital punishment (CRC/C/IND/Q/3-4, para.
4). Subsequently, in its periodic report, India informed the Committee of the adoption by
the Government of Rajasthan of a scheme to provide alternative care to children without
parental care and support and that children whose parents received life imprisonments or
death sentences were among those included in that scheme (CRC/C/IND/3-4, sect. 5, para.
35).
67.
In January 2014, at its sixty-fifth session, in addition to asking questions relating to
the sentencing and execution of child offenders (CRC/C/SR.1849, paras. 16, 22, 24, 26–32
and 38), the Committee on the Rights of the Child asked Yemen what support was provided
58
59
16
Press release, “IACHR condemns execution of Ramiro Hernandez Llanas in the United States”, 11
April 2014. Available from www.oas.org/en/iachr/media_center/PReleases/2014/036.asp.
See A/HRC/25/33 for the summary report of the panel discussion.
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