The Death Penalty in the OSCE Area–Background Paper 2017
is sentenced to death, the court has to notify the Education Department of the city
of residence in order to insure State protection for the child.56
In their replies to the ODIHR 2017 questionnaire, a number of abolitionists participating States highlighted measures they have in place to assist children of their
nationals who might face the death penalty abroad. However, considering that
some states declared that they have never encountered such a situation, they do
not envisage any mechanism specifically for children whose parents are sentenced
to death, but that children in such a situation would, where necessary, be eligible
for child welfare schemes under national law.
Azerbaijan, for instance, stated that relevant guarantees of social protection to
this vulnerable group are regulated by the Law of the Republic of Azerbaijan “On
social protection of children who lost their parents or deprived of parental care”,
where the latter means individuals under the age of eighteen with both parents
serving a sentence in prison. Finland informed ODIHR that its Child Welfare Act
(417/2007) provides protection for a child who is about to be left without a parent
or custodian. The objective of the Act is to protect children’s rights to a safe growth
environment, to balanced and well-rounded development and to special protection. “The Act on Child Custody and Right of Access” (361/1983) safeguards the
establishment of custody, which can be ordered by a court if necessary.
Hungary recalled UN Human Rights Council Resolution 22/11, where it was
agreed to provide the required protection and assistance to the children of parents sentenced to death or executed. On the basis of Section 167, Paragraph 4 of
Government Decree No. 149/1997 (IX.10.) on “Guardianship Authorities, Child
Protection Procedure and Guardianship Procedure”, the Department for Child
Protection and Guardianship Affairs of the Ministry of Human Capacities fulfills the task of protection, repatriation and guardianship of such children at the
national level. It does so in co-operation with the Hungarian consular service.
Furthermore, considering that the execution of a person is the direct result of a
state action, primarily, the enforcing state shall be responsible for ensuring that
children receive appropriate care and assistance. If the given state is not a state
party to the CRC, Hungary declared its readiness to provide assistance through its
consular service. Sweden informed ODIHR that any support to children of parents
sentenced to death or executed abroad falls under ordinary structures, such as the
“Social Services Act” (2001:453), which regulates special provisions on the social
welfare committee’s responsibilities for children and young people.
Turkey mentioned its International Social Services (ISS) Unit affiliated to
Ministry of Family and Social Policies, Department of European Union and Foreign
Relations, which carries out case studies in order to resolve social and family
problems of Turkish citizens who are living abroad for any reason. Within this
56 See “The Death Penalty in the OSCE Area: Background Paper 2016” (OSCE’s Office for Democratic Institutions and Human Rights (2016)), p. 40, at <http://www.osce.org/odihr/266186?download=true>.
21
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