The Death Penalty in the OSCE Area–Background Paper 2017
According to available studies, death penalty disproportionately affects the poor
and people belonging to ethnic, racial and religious minorities. Children whose
parents have been sentenced to death may thus face multiple discriminations.
Indeed, the protection of the rights of the child enshrined in the Convention on
the Rights of the Child (CRC) is a very distant dream for these children: their best
interest is not duly taken into account and protected (art. 3); their right to freedom from violence is not safeguarded (art. 19); their right to special protection
and assistance when state action causes a child to be deprived of his or her family
environment fails to be given due attention (art. 20); and the right to an adequate
standard of living for the child’s physical, mental, spiritual, moral and social development is not fulfilled either (art. 27(1)). In brief, these children have truly been
left behind.
The loss of a parent is traumatic and irreversible in any circumstance. But, unlike
a natural death, when it is officially performed by the authorities of a country it
becomes particularly confusing and frightening for a child. Children find it hard
to understand and explain their situation, and are increasingly tempted to deny it
and hide their feelings. These children need adequate support and accurate information about the situation of their parent on an on-going basis and in an age-sensitive way. Experience shows that family and peer support, as well as assistance by
community-based and civil society organizations can be effective and appropriate
in many of these situations.
Children whose parents are facing the death penalty may feel anger and a deep
sense of uncertainty. The process from trial to imprisonment, with multiple stages
and appeals is exhausting, both for those convicted and their children. These children experience high levels of stress and anxiety as executions are announced,
delayed and appealed. Traumatized and with low self-esteem, they can suffer from
constant nightmares or loss of sleep, and eating disorders; they can lose concentration and interest in school, as well as willingness to play. Some of them feel pressed
to become economically active because the family breadwinner is in prison or has
been executed. Post-traumatic stress disorder, aggressive behavior and self-harm
often go hand in hand. Overall, children often endure this experience in deep loneliness and hopelessness.
In these desperate situations, adults of the family may need to use their energy
and resources to prevent the execution and the child may not receive the support
that he or she will need. Unresolved grief and trauma can make it hard for these
children to become good parents later in life. Thus, death penalty ends up having
an intergenerational impact.
While data are limited, United Nations Office on Drugs and Crime (UNODC) homicide statistics show that 40 to 70 per cent of homicides of women are perpetrated
by an intimate partner or family member. This points toward a significant number
of children being affected as a result of these crimes and convictions. Where the
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