A/HRC/30/21
H.
Role of domestic courts, national human rights institutions and other
stakeholders
43.
Several delegates recommended analysis of cases in which domestic courts had
sought to interpret constitutional human rights provisions consistent with regional and
international human rights standards, thereby creating rich sources of jurisprudence on
capital punishment. Such an analysis could contribute to advance discussion on the
abolition of the death penalty and harmonization of death penalty regimes across borders. A
1995 judgement of the Constitutional Court of South Africa was highlighted, in which the
Court had declared the death penalty unconstitutional and had stated that: “The rights to life
and dignity are the most important of all human rights, and the source of all other personal
rights ... By committing ourselves to a society founded on the recognition of human rights
we are required to value these two rights above all others.”10 That implied that, by retaining
a punishment that did not testify to high regard for human dignity and the value of human
life, the State had contributed to the degeneration of the moral fibre of the society. The
State as a role model for society had to take the lead not only in preaching respect for the
law but in demonstrating regard for human life and dignity.
44.
Several delegates emphasized that various stakeholders, including national human
rights institutions, civil society, political organizations, parliamentarians, religious bodies,
academic institutions and networks, and trade unions, had a role to play in advancing the
abolition of the death penalty. It was emphasized that OHCHR should advance the cause of
abolition by disseminating factual information, increasing awareness and understanding of
the implications of the death penalty, and through technical assistance. The role of the
International Commission against the Death Penalty and the World Congress against the
Death Penalty in advancing global abolition was also highlighted.11
V. Conclusions
45.
In its concluding remarks, the panel emphasized that it was the international
community’s responsibility to move towards universal abolition of the death penalty.
States had to protect human dignity as part of the overall protection of human rights
for all. By abolishing the death penalty, States placed human dignity at the centre. It
was also stated that abolition required political and technical support as well.
46.
The panel reiterated that regional mechanisms must play their role effectively.
As they were closer to the ground and had a better understanding of the regional
context, they were well placed to encourage States that maintained the death penalty
to respect human rights. The example of Europe illustrated that regional and
multilateral organizations were key to advancing abolition. A key lesson learned in
Europe was that abolition could become a reality only as a result of increasing
awareness and exchange of ideas between countries and societies. Experience gathered
in Africa, the Americas, Asia and the Middle East showed that it was possible to move
gradually towards abolition through dialogue and advocacy and that the death
penalty was not about any particular culture or any religion.
47.
The panel also encouraged further research, particularly into the
socioeconomic profile of those who were subjected to the death penalty, assessing to
10
11
12
South Africa: Constitutional Court, State v. Makwanyane and Another, 1995 (6) BCLR 665.
The sixth World Congress against the Death Penalty will be hosted by Norway in 2016.
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