The Death Penalty in the OSCE Area
and Resolution 2005/59 of the UN Commission on Human Rights.15 In addition,
the Sub-Commission on the Promotion and Protection of Human Rights has stated
that the imposition of the death penalty for crimes committed by persons below
the age of 18 is contrary to customary international law.16 The prohibition on the
execution of pregnant women has been reaffirmed by a number of resolutions of the
UN Commission on Human Rights and the ECOSOC Safeguards. The Human
Rights Committee has expressed the opinion that the prohibition on the execution of
children and pregnant women represents a norm of customary international law.17
Although Article 6 (2) prohibits the execution of only two specific categories of
people, this list should not be considered exhaustive. Indeed, the ECOSOC Safeguards
extend this restriction to the elderly, mothers with dependent infants, the insane, and
the mentally disabled.
Finally, it should be noted that the use of the death penalty also raises issues
under Article 7 of the ICCPR on the prohibition of torture and inhuman or degrading
treatment. The Human Rights Committee has found violations of Article 7 in certain
cases concerning detention on death row, the method of execution, and the issuance
of execution warrants for mentally incapable persons.
Council of Europe
The European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR), which is of a legally binding nature, does not require the abolition
of the death penalty.18 Article 2 of the ECHR, which enshrines the right to life,
provides that: “No one shall be deprived of his life intentionally save in the execution
of a sentence of a court following his conviction of a crime for which this penalty is
provided by law.”
The text of the ECHR itself places no explicit restrictions on the use of the death
penalty, save that it can only be carried out following conviction by a court of a crime
for which the death penalty is provided for by law. However, the European Court of
Human Rights has interpreted both Article 2 and Article 3 of the ECHR as placing
certain limitations on the use of the death penalty.19
15
Resolution of the UN Commission on Human Rights 2005/59, op. cit., note 11.
16
Resolution of the UN Sub-Commission on Human Rights 2000/17, 17 August 2000.
17 On this basis, the Human Rights Committee has stated that states parties may not reserve the right
to execute children or pregnant women. See General Comment No. 24, adopted at the 52nd session of
the Human Rights Committee, 1994.
18
Entered into force on 3 September 1953.
19
Article 3 of the ECHR prohibits torture and inhuman or degrading treatment or punishment.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents