The Impact of the Death Penalty on Human Rights
Introduction to the Committee
The United Nations Human Rights Council (UNHRC) is a United Nations Body with the goal of promoting and protecting human rights internationally. The council consists of 47 members who are elected for three-year terms. The Council’s membership is based on equal geographical distribution, with a certain number of seats allotted to: African States, Asia-Pacific States, Latin American and Caribbean States, Western European and Eastern European States.
Introduction to the Topic
The debate surrounding the death penalty is one of the most contentious and complex issues in the realm of human rights. The practice of capital punishment has a long history, rooted in notions of justice, deterrence, and retribution. However, its implications for human rights, particularly concerning the right to life and freedom from cruel, inhuman, or degrading treatment, have sparked intense scrutiny and debate worldwide. Among the forerunners in the fight to abolish capital punishment was Venezuela, the first country to do so in 1863.
Conversely, the abolitionist trend is still ongoing with countries such as Kazakhstan, Papua New Guinea and Sierra Leone abolishing it as late as 2021/22. As it stands today, there are still 54 countries practising capital punishment. Although these countries are in the minority, over 60% of the world's population lives in countries where the death penalty is retained like China, India, USA, Singapore, Indonesia, Japan, Iran and Saudi Arabia. The use of the death penalty is not consistent with the right to life and the right to live free from torture or cruel, inhuman or degrading treatment or punishment as defined in the Universal Declaration of Human Rights. Despite the upward trend, this is an urgent matter considering that in 2022 there were 883 recorded formal executions marking a 53% increase from the previous year.
Historical Context
The use of formal execution goes back to the beginning of unrecorded history. The earliest death penalty laws found date back to the Code of King Hammurabi in Babylon around 1700 B.C. Through the centuries, many civilisations and empires adopted various laws around capital punishment. There were two notorious eras of the death penalty. The first of these, in ancient Athens, gave way to the term “draconian”, meaning something excessively harsh and severe, originating from the times when laws were written down by Draco, as under his reign small offences were punished heavily. The second period, in the Middle Ages, was characterised by cruel and torturous methods used to fulfil the death penalty, including burning at the stake, contraptions such as the breaking wheel, and boiling.
The movement to abolish the death penalty emerged in Europe during the 18th century, spurred by the thought-provoking essays of intellectuals who questioned the ethical grounds for the state's authority to take a life. These writings presented compelling arguments, leading to the abolition of capital punishment in Austria and Tuscany. While attempts at reforming the death penalty were made in the United States during this period, widespread support didn't materialise until the 19th century, as public opinion gradually shifted in favour of the abolitionist cause in certain states. By the late 1800s, several countries worldwide had already enacted complete bans on the death penalty.
The first half of the 20th century witnessed unprecedented global conflicts. Following the establishment of the United Nations, the General Assembly adopted the Universal Declaration of Human Rights in 1948, which notably included a proclamation of the "right to life." Over time, prevailing attitudes increasingly favoured abolitionism across the globe, with most countries now having entirely abolished capital punishment. The UN has thrown its weight behind the abolitionist movement, repeatedly calling for moratoriums on the death penalty with the ultimate aim of achieving global abolition. Former UN Secretary-General Ban Ki-moon succinctly captured this sentiment, stating unequivocally: "The death penalty has no place in the 21st century.”
Human Rights Violations Surrounding Capital Punishment
Another issue to discuss is the prolonged incarceration while on death row. In the U.S., the duration between sentencing and execution has extended dramatically over the years, stretching from a matter of a few years to multiple decades in some cases. During this period, inmates are typically held in solitary confinement, potentially leading to severe effects on their mental and physical well-being. These years of isolation are widely recognized as a cruel punishment, in many ways comparable to torture, and have raised serious human rights concerns.
This issue highlights a core flaw with capital punishment, that being the risk of wrongful convictions. Despite the many safeguards in place, such as guaranteed legal representation and the ability to appeal, wrongful convictions pose a major concern and represent an inherent flaw. Unjust sentences can happen due to human error, as well as a variety of forms of misconduct. Lengthy interrogations, false promises and threats all could potentially lead to false admission of guilt under psychological stress. Among these leading causes of wrongful convictions, however, are eyewitness misidentifications. Additionally, sentences can also be influenced by racial or socioeconomic biases. For example, 53% of inmates on death row in the U.S. are Black or Hispanic, even though Black and Hispanic people only make up approximately 30% of the population.
In 2014 a South Carolina court reviewed the case of George Stinney, who at the age of 14 received the death penalty for the murders of two young girls — June Binnicker and Mary Emma Thames — in 1944, making him the youngest person to receive such a punishment. In their review 70 years after his death, they ruled that he had not received a fair trial, and was thus wrongfully executed.
Current International State
Despite the continuous use of capital punishment in the countries mentioned above, the international community has made progress towards the abolition of the death penalty. Previous actions of the UN include the 1984 United Nations Economic and Social Council adopted Safeguards guaranteeing protection of the rights of those facing the death penalty. In 1989 the General Assembly adopted the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), intending to eradicate the death penalty. Member states becoming parties to the protocol thereby agreed to refrain from the use of formal executions within their jurisdictions. Furthermore, in December 2007 the first resolution on a moratorium (temporary suspension) on the use of the death penalty was approved by the UNGA.
Another example of international cooperation is the ICDP (International Commission Against the Death Penalty) which aims to promote, complement and support actions towards abolition. Additionally, the ICDP set their focus on the prevention of executions of members of marginalised groups such as children, women, members of the LGBTQ+ community, and individuals with disabilities.
Conclusion
The United Nations Human Rights Council (UNHRC) is responsible for protecting and promoting human rights. Even though the UNHRC cannot enforce policies on other states, it is nonetheless one of the most important UN bodies. It has the power to recommend processes, facilitate dialogue, and monitor human rights to hold countries accountable, all grounded upon the most commonly accepted human rights outlined in the UDHR. With this in mind, the discussion of the death penalty should revolve around proposing long-term solutions. The debate should centre around human rights issues that occur because of the continued use of capital punishment.
Questions a Resolution should answer
Should there be exemptions from the death penalty, i.e. juvenile criminals or people suffering from severe mental disorders?
How can the legal system avoid the execution of innocent people?
Is the death penalty used discriminatorily or disproportionately
How can capital punishment fit within international human rights law if it shouldn't be abolished?
How do you ensure that those facing the death penalty receive a fair trial?
Is an internationally standardised legal proceeding feasible?
Practical Advice for Your Research
If your country has the death penalty, how often and for what crimes do they implement it?
How are the most serious crimes punished in your country (if not by capital punishment)?
How often do criminals repeat crimes in your country? Are there rehabilitative programs that work to improve the well-being of the incarcerated?
Are rates of the death penalty declining, increasing or changing in your country?
What differences are there in the number of convictions vs the number of carried-out punishments?
Country Suggestions
China
India
USA
Japan
Malaysia
Qatar
France
