INTERNATIONAL STANDARDS ON THE DEATH PENALTY ECOSOC Safeguards and Resolution 2004/67 of the Commission on Human Rights also state that all legal proceedings should conform to Article 14 of the ICCPR.19 Persons below the age of 18 and pregnant women The prohibition on the death sentence for crimes committed by persons below the age of 18 is reiterated in the Convention on the Rights of the Child (CRC), which is of a legally binding nature.20 This principle has been reaffirmed by the ECOSOC Safeguards and Resolution 2004/67 of the Commission on Human Rights. In addition, the Sub-Commission on the Promotion and Protection of Human Rights has stated that the imposition of the death penalty for crimes committed by persons below the age of 18 is contrary to customary international law.21 The prohibition on the execution of pregnant women was reaffirmed by a number of resolutions of the Commission on Human Rights and the ECOSOC Guidelines.22 Although Article 6(2) prohibits the execution of only two specific categories of persons, this list should not be considered exhaustive. Indeed, the ECOSOC Safeguards extend this restriction to the elderly, mothers with dependent infants, the insane, and the mentally disabled. Right to seek pardon or commutation The term “pardon” means the removal of the death sentence and release, while the term “commutation” means the substitution of the death sentence with a less severe sentence. The right to seek pardon or commutation has been reaffirmed by General Comment No. 6, the ECOSOC Safeguards, and Resolution 2004/67 of the Commission on Human Rights. Finally, it should be noted that the use of the death penalty also raises issues under Article 7 of the ICCPR on the prohibition of torture and inhuman or degrading treatment. The Human Rights Committee has found violations of Article 7 in certain 19 20 21 22 The Special Rapporteur on Extrajudicial, Summary and Arbitrary Executions has stated that the process leading to the imposition of the death penalty must also comply with Articles 9 and 15 of the ICCPR. Article 37 of the Convention on the Rights of the Child, UN General Assembly Resolution 44/25 of 20 November 1989. Entered into force on 2 September 1990. Resolution 2000/17, 17 August 2000. The Human Rights Committee has expressed the opinion that the prohibition on the execution of children and pregnant women represents a norm of customary international law. On this basis, the Human Rights Committee has stated that states parties may not reserve the right to execute children or pregnant women. See General Comment No. 24, adopted at the 52nd session of the Human Rights Committee, 1994. 11