Of the more than 100 nations with the death penalty, fewer than half specifically prohibit executions for crimes committed by juveniles, But in practice, the United States is among the very few where minors are put to death, studies by human rights organizations show.
Amnesty International, which campaigns for the rights of prisoners worldwide, says it is the norm in international law to exempt juveniles from the death penalty.
Bans against juvenile executions are found in several United Nations resolutions, the International Convention on Human Rights and the American Convention on Human Rights,
Of 81 nations that reported executing criminals from 19731982, only two put minors to death, Amnesty International says, and “the great majority of member states (of the United Nations) report never condemning to death persons under 18 years of age.” A recent study by law professor Joan Hartman of the University of Washington found 41 countries that allow the death penalty but forbid executions for crimes by juveniles. Those countries are:
Afghanistan, Albania, Algeria, Argentina, Australia, Bahrain, Barbados, Botwsana, Bulgaria, Chile, Cyprus, Czechoslovakia, Ethiopia, France, Gambia, East Germany, Greece, Guatemala, Guyana, Hungary, India, Iraq, Jamaica, Japan, Kenya, Lebanon, Lesotho, Libya, Madagascar, Malawi, Morocco, Nigeria, Poland, Romania, Siapore, South Africa, Soviet Union, Sudan, Tanzania, United Arab Emirates, and Zambia.
Hartman said there are two reasons for exempting juveniles from the greatest penalty in the criminal code.
“One is that juveniles are less responsible for their acts and have less criminal culpability for their acts,” Hartman said. “The other half of the idea is that juveniles also have much greater potential for rehabilitation. Being youthful offenders, they may change their course of life unlike a hardened criminal.”
Twenty-eight countries have abolished the death penalty altogether, while 18 impose death only for exceptional crimes, such as treason during wartime. Of those 18, Canada, Indonesia, the Netherlands and New Zealand exclude minors.
In the United States, 29 of the 37 states with the death penalty permit executions of minors.
Article extracted from this publication >> January 17, 1986
