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The Committee reiterates its recommendation that male officers should not be
granted access to women's quarters, or at least be accompanied by women officers.
The Committee also recommends the State party to prohibit the shackling of
detained women during childbirth.
34.
The Committee notes with concern reports that forty-two states and the Federal
government have laws allowing persons under the age of eighteen at the time the offence was
committed, to receive life sentences, without parole, and that about 2,225 youth offenders are
currently serving life sentences in United States prisons. The Committee, while noting the State
party’s reservation to treat juveniles as adults in exceptional circumstances notwithstanding
articles 10 (2) (b) and (3) and 14 (4) of the Covenant, remains concerned by information that
treatment of children as adults is not only applied in exceptional circumstances. The Committee
is of the view that sentencing children to life sentence without parole is of itself not in
compliance with article 24 (1) of the Covenant. (articles 7 and 24)
The State party should ensure that no such child offender is sentenced to life
imprisonment without parole, and should adopt all appropriate measures to review
the situation of persons already serving such sentences.
35.
The Committee is concerned that about five million citizens cannot vote due to a felony
conviction, and that this practice has significant racial implications. The Committee also notes
with concern that the recommendation made in 2001 by the National Commission on Federal
Election Reform that all states restore voting rights to citizens who have fully served their
sentences has not been endorsed by all states. The Committee is of the view that general
deprivation of the right vote for persons who have received a felony conviction, and in particular
those who are no longer deprived of liberty, do not meet the requirements of articles 25 of 26 of
the Covenant, nor serves the rehabilitation goals of article 10 (3).
The State party should adopt appropriate measures to ensure that states restore
voting rights to citizens who have fully served their sentences and those who have
been released on parole. The Committee also recommends that the State party
review regulations relating to deprivation of votes for felony conviction to ensure
that they always meet the reasonableness test of article 25. The State party should
also assess the extent to which such regulations disproportionately impact on the
rights of minority groups and provide the Committee with detailed information in
this regard.
36.
The Committee, having taken note of the responses provided by the delegation, remains
concerned that residents of the District of Columbia do not enjoy full representation in Congress,
a restriction which does not seem to be compatible with article 25 of the Covenant. (articles 2,
25 and 26)
The State party should ensure the right of residents of the District of Columbia to
take part in the conduct of public affairs, directly or through freely chosen
representatives, in particular with regard to the House of Representatives.