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. 

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