A/HRC/30/21
punishment under Islamic principles, in particular the possible deterrent effect of the
punishment, the fact that it might bring about peace within society, and its corrective
nature.
F.
Impact of the death penalty on other individuals
39.
Some delegates discussed the issue of the wider impact of the death penalty on other
individuals, and mentioned in particular, that the human rights of children of parents
sentenced to death or executed should be considered. It was also reported that that issue had
been paid increasing attention by the Human Rights Council. In particular, in its
resolution 22/11, the Council had acknowledged the importance of the protection of human
rights of children of parents sentenced to death or executed. It had also organized a panel on
that issue (see A/HRC/25/33). In that regard, the African Commission on Human and
Peoples’ Rights had stressed the negative psychological impact that the death penalty had
on children and other family members of those sentenced to death. States should render
more accessible and transparent the process of clemency pleas for the families and victims
of the death penalty.
40.
It was also emphasized that, according to some research, the use of the death penalty
had major negative effects on other individuals, including on lawyers who defended the
condemned person, prison officials in charge of death-row prisoners, and families of
victims of crimes. For instance, prison officials in death-row quarters suffered long-term
trauma, lawyers of executed persons suffered from depression and children of parents
sentenced to death also suffered trauma.
41.
With regard to executions of mothers of young children, experts referred to
article 30 of the African Charter on the Rights and Welfare of the Child that prohibited
death sentences for mothers of infants and young children. 8 General comment 1 to the
Charter clarified that States parties should not evade their commitment not to sentence
pregnant women to death simply by waiting until after they had given birth.9
G.
Ratification of the Second Optional Protocol to the International
Covenant on Civil and Political Rights
42.
Several delegations stressed the importance of the Second Optional Protocol to the
International Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty, and called for its ratification. As at March 2015, the Protocol had been ratified by
81 States. It was emphasized that increased ratification of or accession to the Protocol was
needed to advance the universal abolition of the death penalty. It was pointed out that the
Russian Federation was considering acceding to the Protocol.
8
9
African Charter on the Rights and Welfare of the Child (OAU Doc. CAB/LEG/24.9/49 (1990),
entered into force on 29 November 1999), art. 30 (e).
African Committee of Experts on the Rights and Welfare of the Child, General Comment on
Article 30 of the African Charter on on the Rights and Welfare of the Child), para. 56, available from
www.refworld.org/pdfid/545b49844.pdf.
11
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