A/HRC/30/18
dignity. Furthermore, the General Assembly has justified, in resolutions adopted during the
past eight years and supported by an increasing majority of Member States, its calls for a
moratorium on executions with a view to abolishing the death penalty, by stating that the
use of the death penalty undermines human dignity (see resolutions 62/149, 63/168, 65/206,
67/176 and 69/186). In its guidelines on the death penalty, the European Union considers
that the death penalty constitutes a serious violation of human rights and human dignity. 3
The Community of Portuguese-speaking Countries stated that the death penalty is an
intolerable and inhuman attack on human dignity and a violation of human rights.4 Fortytwo member States of the Council of Europe also pointed out that “the death penalty is an
intolerable affront to human dignity, and goes hand in hand with numerous violations of the
human rights of the condemned and their families”. 5
7.
In their submissions relating to the present report, as well as policy statements issued
at various forums, several States referred to human dignity as a key argument for the
abolition of the death penalty. For instance, Albania stated that “this kind of punishment is
not compatible with human rights principles and constitutes a direct insult to human
dignity”; Canada viewed that “the death penalty is incompatible with respect for human
dignity and the value of human life”; the Holy See explained that its abolitionist position is
“framed within the proper ethical context of defending the inviolable dignity of the human
person and the role of the legitimate authority to defend in a just manner the common good
of society”; Namibia indicated that “the death penalty undermines human dignity, which is
inherent to every human being”; Portugal noted that “it opposes the death penalty in all
circumstances, as it represents an irreversible loss of the right to life and a gross violation of
human rights, and it is an unjustified attack on human dignity”; and the United Kingdom of
Great Britain and Northern Ireland expressed the view that “the death penalty undermines
human dignity”.
8.
The constitutions of several countries stipulate that the death penalty undermines
human dignity. For instance, the Constitution of Côte d’Ivoire recognizes the need to
respect human dignity and prohibits “any punishment leading to the deprivation of human
life”. The Constitution of Finland states that “no one shall be sentenced to death, tortured or
otherwise treated in a manner violating human dignity”. The Interim Constitution of Nepal
provides that “every person shall have the right to live in dignity, and no law shall provide
for the death penalty”.
9.
A significant number of national courts have also referred to human dignity in
relation to the death penalty. In Gregg v. Georgia, Justice Brennan of the Supreme Court of
the United States of America filed a dissenting opinion stating that “the fatal constitutional
infirmity in the punishment of death is that it treats members of the human race as
nonhumans, as objects to be toyed with and discarded. It is thus inconsistent with the
fundamental premise of the Clause that even the vilest criminal remains a human being
possessed of common human dignity”.6 The Canadian Supreme Court has recognized that
capital punishment constitutes a serious invasion of human dignity, and several judges
expressed the opinion that the death penalty “is the supreme indignity to the individual, the
ultimate corporal punishment, the final and complete lobotomy and the absolute and
3
4
5
6
4
See www.europarl.europa.eu/meetdocs/2009_2014/documents/droi/dv/601_dpguidelines_/
601_dpguidelines_en.pdf.
Statement issued by the Community of Portuguese-speaking Countries on 5 March 2014 before the
Human Rights Council (on file with the Secretariat and available for consultation).
Statement issued by 42 member States of the Council of Europe on 5 March 2014 before the Human
Rights Council (on file with the Secretariat and available for consultation).
See https://law.resource.org/pub/us/case/reporter/US/428/428.US.153.74-6257.
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