The Death Penalty in the OSCE Area–Background Paper 2017 death penalty applies, these children could be eventually orphaned by the state. In some cases of domestic violence children may also be required to stand as witnesses in court against their parent; as a result, they gain a deep sense of guilt as their testimony may contribute to the death sentence of their own parent. In addition, the serious stigma associated with people sentenced to death often makes it difficult to find alternative caregivers for the child. This further exacerbates the pain and in turn, increases the risk of becoming homeless and ending up living on the street, at risk of violence and exploitation, and manipulated into crime. Girls are at particular risk of sexual violence. At the same time, relatives may not have financial resources to take care of the child, and in cases where both the offender and the victim are the child’s parents, families may be divided and the child left on his or her own. The execution of a parent, a provider and protective figure in a child’s life, may cause a considerable internal conflict and lead to a complex relationship with the state and the community. This is even more likely in situations where the death penalty is applied to non-lethal offences. Children may understand that a parent has done wrong and needs to be held accountable, but they may be unable to understand and accept that the state deliberately plans to kill the parent. This may trigger a lack of trust in legislators, law enforcement and the judiciary, and be reflected in their behavior and social integration in society later in life. It is also important to consider that the death penalty can touch families within more than one country. Children whose parents are sentenced to death in a country that is not their home, may face less stigma and enjoy more public and community support in their own communities. However, they may have no experience or expectation of the death penalty and for this reason the shock they endure may be stronger. Daunting as the reality of children whose parents have been sentenced to death in their own countries or abroad may be, it is not inevitable. And there are cases where the impact of a death sentence on the children’s wellbeing has been used to successful argue a non-death punishment. Change is possible, and three steps are particularly important to make it happen. First, the sentencing of a parent to death compromises the enjoyment of a wide spectrum of a child’s rights; but it can be prevented, as we are reminded by the Second Optional Protocol to the International Covenant on Civil and Political Rights, adopted nearly 30 years ago. Efforts for wide ratification and effective implementation of this treaty, which is now in force in 84 countries, 56 OSCE participating States, would improve the situation for these children. Second, more research on the situation of children of parents facing the death penalty is urgently needed. However, available evidence is sufficiently sound and convincing to recognize the urgency of ensuring a protective environment for these 8

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