A/HRC/27/23
to children of death row inmates and what measures were taken to ensure that they did not
face discrimination as a result of their parents’ situation (ibid., para. 38). At the same
session, the Committee asked the Congo whether the judicial system made any provisions
for children whose parents were on death row or serving lengthy prison sentences; what
protection, if any, was afforded to them; and how their best interest was translated in that
context (CRC/C/SR.1847, para. 58).
68.
At the seventeenth and eighteenth sessions of the Working Group of the Universal
Periodic Review, Member States sent written questions relating to the situation of children
of parents under death row or executed to Afghanistan, China, Malaysia, Nigeria, Saudi
Arabia, Viet Nam and Yemen.60 Those written questions addressed issues such as: the
number of individuals on death row; the number of individuals on death row with children
and the number of affected children; the number of death sentences and executions since
the previous universal periodic review and how many affected individuals have/had
children; the support provided to those children; whether families, including children, have
the right to visit or, if unable to visit, to communicate in other ways; whether the
visiting/communication regime is the same as for other prisoners; whether family members
have the right to be informed of an execution before it takes place and, if so, how are they
informed and what is the notice period; and whether children and other family members of
a person sentenced to death have the right to a final meeting before an execution is carried
out. At the seventeenth session of the Working Group, Croatia recommended that Malaysia
ensure that children without parental care due to parental incarceration or execution are
provided for, including with support for physical and mental health (A/HRC/25/10, para.
146.185).61
69.
In its resolution 68/147 on the rights of the child, adopted without a vote on 18
December 2013, the General Assembly acknowledged that a parent’s deprivation of liberty,
sentencing to death or life imprisonment had a serious impact on children’s development,
and urged States, in the framework of their national child protection efforts, to provide the
assistance and support those children may require (para. 57).
70.
Children of parents facing the death penalty abroad are also confronted with
additional challenges: they require specific practical, emotional and/or financial assistance.
Children who are in the same country as the sentenced parents may be imprisoned with
their parent and need help to be repatriated to the country of origin or to stay near the
parent, depending on factors such as the children’s age and the availability of other suitable
persons to take care of them.
71.
In a statement delivered in March 2014, the Special Representative of the SecretaryGeneral on Violence against Children noted that the loss of a parent is traumatic and
irreversible but, unlike a natural death, when it is officially performed by the authorities of
a country, it becomes particularly confusing and frightening for a child. Children find it
hard to explain their situation, and are increasingly tempted to deny it and hide their
feelings. In that regard, the Special Representative underscored that the sentencing of a
parent to the death penalty compromises the enjoyment of a wide spectrum of children’s
rights. She also mentioned that there is enough evidence to recognize the urgency of
ensuring a protective environment for children of parents sentenced to death or executed;
60
61
The questions can be found on the relevant universal periodic review country pages:
www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx.
Malaysia undertook to respond to the recommendations no later than the twenty-fifth session of the
Council, in March 2014.
17
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