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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