The Death Penalty in the OSCE Area–Background Paper 2017
Therefore, the absence of a parent figure as a result of the death penalty can be a
hindrance to the developmental process of a child. The parent-child relationship is
also affected in a way that may cause “intense fear, helplessness or horror”28 in the
child, potentially leading to post-traumatic stress disorder or other trauma symptoms in the child that persist into adulthood and throughout life.29
Psychological impact and trauma suffered by children of parents sentenced to
death or executed
Children of parents sentenced to death or executed endure multidimensional
harm.30 Children have different ways of experiencing pain and suffering associated with the death penalty. This depends on the personality and circumstance of
the child, reactions of people around them, the criminal justice system and even
public or media responses.31 A pending execution of a parent can induce psychological and emotional distress in children, as well as a sense of powerlessness and
fear concerning the fate of their parent in detention, and a mixture of anxiety and
shock.32 Social stigma against those sentenced to death can limit the child’s ability
to grieve their parent’s absence, resulting in what psychologists call “disenfranchised grief”. Also, uncertainty about whether and when the execution will take
place compounds the emotional and psychological harm. The high-security nature
of death row means the often physical contact may be forbidden during visits, denying children physical comfort from their parent at a particularly traumatic time.
It is therefore necessary to adopt a more holistic understanding of capital punishment systems, including the social, economic and psychological impacts on lives
that were never intended to be the targets of death penalty laws.33 For instance,
it has been found by grief counsellors and therapists that when children’s grief
is hidden and unsupported, they often express intense anger, guilt and shame.
Studies carried out in China revealed that children of executed parents often suffer
from tremendous and irrational guilt, as well as internalized shame.34 These children shown low self-esteem and they may even blame themselves for what is happening to their parents.35 They may have behavioral issues, such as aggression and
28 American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Press Inc., 4th ed., 1994), para.309.81;see also Elizabeth Beck, Sarah Britto and Arlene Andrews, In theShadow of Death: Restorative Justice and Death Row Families (OUP, 2007), p.125.
29 Oliver Robertson and Rachel Brett, “Lightening the Load of the Parental Death Penalty on children” Quakers
United Nations Office (QUNO), June 2013, p.35, <http://www.quno.org/sites/default/files/resources/Lightening%20the%20Load.Web_.EN_.pdf>.
30
Kearney op. cit. note 10.
31 Robertson and Brett, op. cit., note 29, page 4
32
Ssuubi, op. cit., note 12, p. 192; see also Sussex Legal Memo. op. cit.,note 5, p. 5.
33
Ibid.
34 Kearney, op. cit. note 10, p. 69.
35
Ssuubi, op. cit., note 12,p. 192.
16
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