The Death Penalty in the OSCE Area–Background Paper 2017 the stigma. It may be that they are unwilling due to the stigma and discrimination they fear facing or worries that the children will “infect” other children.48 The death penalty disproportionately affects the poor and people belonging to ethnic, racial and religious minorities. As a consequence, a child may experience additional discrimination on grounds of race, ethnicity, religion or economic condition.49 In that regard, the CRC stresses that children must be protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions or beliefs of their parents (article 2). Moreover, children may suffer discrimination especially where the parent’s offence is known publicly. Media stories can generate public hostility and feelings of revenge towards the parent on death row but also towards their children.50 Lack of support Children permanently or temporarily deprived of their family environment due to the imposition of the death penalty are entitled to special protection by the state.51 The family unit is very important, since the family is entrusted under law with the function of acting as the primary carer of the child.52 According to the European Court of Human Rights (ECHR), the best interest of the child comprises two limbs: maintaining family ties and ensuring the child’s development within a sound environment such as would not harm her or his health and development.53 When a child is deprived of the family setting, the state should provide alternative care and support. In retentionist states, however, children may reject the state’s authority, lose a sense of personal allegiance to the state and become unwilling to seek or accept assistance. This is especially so in this context because they associate the state with the execution of their parent. States often fail to make available adequate funds for the support needed for medical expenses, counselling or funeral expenses to children and family of an executed person.54 Often, support to offenders’ children is not guaranteed in the same way as it is for children of the victims of the offense, even though these children might also be considered victims within the meaning of the UN Universal Declaration of Principles of Justice for Victims of Crime and Abuse of Power. 48  Robertson and Brett, op. cit., note 29, p. 29. 49  Ssuubi, op. cit., note 12, p. 193. 50  Ibid, pp. 194-195. 51  Convention on the Rights of the Child (CRC), Article 20. 52  CRC, Article 5. 53  Neulinger and Shuruk v. Switzerland, ECtHR Application no. 41615/07, (2010), para. 136, http://hudoc.echr. coe.int/eng?i=001-99817. 54  Rachel King, Capital Consequences: Family of the Condemned Tell Their Stories (Rutgers, 2005), p.10. 19