The Death Penalty in the OSCE Area–Background Paper 2017
decisions, and acknowledged that youth and children require particular attention
and that their needs, concerns and interests should be addressed in a comprehensive manner.14
All OSCE participating States, with the exception of the United States of
America, have ratified the UN Convention on the Rights of the Child (CRC).15 The
Convention recognizes four key guiding principles that permeate the understanding and construction of all pertinent rights of children. These principles include:
the best interest of the child (Article 3), a foundational principle underlying all decisions, judgments or actions concerning the child; the right to life, survival and
development (Article 6); respect for the views of the child (Article 12); and the
right to non-discrimination (Article 2). These principles, together with others, are
used to evaluate the impact of the death penalty on children of people sentenced to
the death penalty. The key principles of the CRC establish that the best interests of
the child must be a primary consideration in all decisions affecting them, including
decisions relating to their parents. State parties have to ensure the protection and
care that is necessary for a child’s well-being (Article 3). In addition, Article 9 of
the CRC, while taking in consideration the best interest of the child, underlines the
importance of respecting the right of children who are separated from one or both
parents to maintain personal relationships and direct contact with both parents
on a regular basis. The CRC prescribes that if such separation is a consequence of
any action initiated by a state, states shall, upon request, provide the child with
the essential information concerning the whereabouts of the absent member(s) of
the family, unless the provision of the information would be detrimental to the
well-being of the child. Article 20 of the CRC further imposes an obligation on the
state to guarantee special protection and assistance to children temporarily or permanently deprived of their family environment and, in accordance with their national laws, to ensure alternative care for such a child.
Furthermore, all OSCE participating States are party to the United Nations
Convention against Torture and Other, Cruel, Inhuman or Degrading treatment
or Punishment (CAT) and have committed to combat and eradicate torture and
other ill-treatment in a number of OSCE commitments.16 Article 1 of the CAT defines torture as the, “infliction of such pain or suffering for certain purposes’’ and
cruel and inhuman or degrading treatment as an act that can pose “harsh or severe
suffering on the physical, emotional and psychological well-being of an individual,
severe pain or suffering whether physical or mental, inflicted on a person”. In the
case of the child, particular emphasis is to be placed on the severe mental and
14 OSCE Ministerial Council, “Declaration on youth”, Basel, 5 December 2014, OSCE MC.DOC/3/14, <http://
www.osce.org/mc/130536?download=true>.
15 The United States of America has signed but not ratified the UNCRC.
16 Vienna 1989; Copenhagen 1990; Paris 1990; Moscow 1991; Budapest 1994; Istanbul 1999; Ljubljana 2005;
Helsinki 2008; Athens 2009;
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