A/HRC/24/18 of the death penalty is frequently discriminatory. It is often used disproportionately against the poor and members of racial, ethnic, religious and sexual minority groups. 72. The new EU Guidelines on the death penalty emphasize that the death penalty must not be applied or used in a discriminatory manner on any ground, including political affiliation, sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. 73. During the reference period, Islamic Republic of Iran, Mauritania, Saudi Arabia, Sudan and Yemen continued to retain laws providing the imposition of the death penalty against those found guilty of offences relating to consensual, adult, same-sex relationships that do not meet threshold of “most serious crimes”. In addition, local and regional courts in some parts of Somalia and Nigeria continued to have power to impose the death penalty for such offences on the basis of the Sharia law.75 While no execution in cases involving consensual same-sex conduct was confirmed in the past year, the mere existence of these laws has a terrorizing effect on an entire community and, as in other places where homosexual relationships are criminalized, also reinforces stigma, and fuels discrimination and violence against anyone perceived to be gay or lesbian. In Uganda, a bill remains before Parliament, which, if passed in its present form, would allow for the imposition of the death penalty in cases of so-called “aggravated homosexuality” – including against repeat offenders and those who are HIV-positive. 74. The Centre for Migrant Workers reported that foreign nationals and migrant workers remained disproportionately affected by the death penalty in several States.76 With regard to the execution of a foreign national in Saudi Arabia, the Special Rapporteur on the human rights of migrants stated that “given the large number of women migrant domestic workers in Saudi Arabia it is of paramount importance that transparent laws are put in place to ensure that all procedural rights and guarantees are afforded to all persons in Saudi Arabia, no matter their migration status or nationality.”77 VII. Human rights of children of parents sentenced to the death penalty or executed 75. Murder Victims’ Families for Human Rights – a group of family members of murder victims – maintains that “the death penalty does not help to heal and is not the way to pursue justice for victims”. In addition, it argued that the families of the executed can also be viewed as victims under the United Nations Declaration of Universal Principles of Justice for Victims of Crime and Abuse of State Power.78 76. In a resolution adopted in March 2013, the Human Rights Council acknowledges the negative impact of a parent’s death sentence and his or her execution on their children, and urges States to provide those children with the protection and assistance they may require. It also calls upon States to provide those children, or, where appropriate giving due consideration to the best interests of the child, another member of the family, with access to their parents and to all relevant information about the situation of their parents (A/HRC/RES/22/11). 75 76 77 78 A/HRC/19/41, para. 45. Submission of the Centre for Migrant Advocacy for the report of the Secretary-General on the question of the death penalty, March 2013. See http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12922&LangID=E. Murder Victims’ Families for Human Rights, “Creating More Victims: How Executions Hurt the Families Left Behind”, available at http://www.mvfhr.org/sites/default/files/pdf/MVFHReport.pdf. 17

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