The Death Penalty in the OSCE Area–Background Paper 2017
Children of parents sentenced to death or executed abroad
States must also offer support for children of parents sentenced to death abroad.
At times, affected children may be found in the same country with the convicted
parent or may be in the country of origin or even in a third country. However,
whatever the location, the state of nationality has a role to play in supporting these
children. Children in the same country as their convicted parent need to be returned home to other family members or another carer who is competent enough
to take care of the child or stay near the parent, depending on various factors, such
as the child’s age and the availability of suitable caregivers. As such, the state has
to make sure that children are able to participate and be heard in decisions about
alternative carers. In other words, states should make sure that alternative care is
necessary and must guarantee that the alternative care option provided is deemed
appropriate.
Children in the country of origin must be given assistance financially or provided
with means to communicate or even visit parents convicted abroad. In addition
to this, sometimes children may seek answers to certain questions regarding the
parent’s death sentence or may even need reassurances of state commitment to
assist in their predicament. As such, the state has to make available well-equipped
institutions that operate over a wide area and are well-placed to provide adequate
information on services available to these children. These support systems can
help reduce the severity of post-traumatic stress disorder in children and also serve
the particular therapeutic needs of children of death row inmates. States should
also provide support through social aid schemes that will cover the living expenses, school fees and medical expenses of such children. In all this, it is imperative
that the state informs children of available support. The criminal justice system
and other state authorities must provide this information orally or in documented
forms especially in languages children of different ages and stages of development
can comprehend.55
Measures taken by OSCE participating States to protect children who
have a parent facing the death penalty abroad
In the OSCE region, in relation to safeguards provided for children whose parents
have been sentenced to death, participating States generally do not have in place
specific legislation for these situations. In most cases protection is given to those
in such situations through general rules and legislation governing the protection of
children’s rights. Belarus informed that there are special measures in place to provide assistance to children whose parents have been sentenced to death. Women
are exempted from the death penalty but in cases when a father with dependents
55 Sussex Legal Memo, op. cit., note 5, pp. 8-9.
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