48 The Death Penalty in the OSCE Area
Persons below the age of 18 and pregnant women
The prohibition on the death penalty 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.76 This principle has been reaffirmed by the ECOSOC
Safeguards and Resolution 2005/59 of the UN 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.77 The prohibition on
the execution of pregnant women has been reaffirmed by a number of resolutions of
the UN Commission on Human Rights and the ECOSOC Safeguards. 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.78
Although Article 6(2) prohibits the execution of only two specific categories of people, 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.
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
cases concerning detention on death row, the method of execution, and the issuance
of execution warrants for mentally incapable persons.
European Union
The European Union takes an active stance against the death penalty in its relations
with accession countries and third countries. First, the abolition of the death penalty
is a prerequisite to accession to the EU.79 Second, the EU has developed Guidelines on
European Union policy towards third countries on the death penalty.80 These Guidelines,
which are reproduced in Annex 2, contain a list of minimum standards on the use of
the death penalty.
76
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.
77
78
Resolution 2000/17, 17 August 2000.
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.
79
The abolition of the death penalty for peacetime crimes is an element of the Copenhagen Criteria for accession countries to the European Union.
80
General Affairs Council, Luxembourg, 29 June 1998.
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