Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Scope of Article 37(a)

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The Canadian proposal included a statement that no child could be sentenced to death. It also added a new sentence: 'No child shall be subjected to cruel, inhuman or degrading treatment or punishment'. The prohibition of torture and other cruel, inhuman or degrading treatment or punishment is at the core of modern human rights law. Human rights organisations argue that hollow and unsatisfactory 'diplomatic assurances' are being proffered to hide the likelihood of ill-treatment. The prohibition on execution for crimes committed by persons under the age of eighteen is extremely straightforward and leaves essentially no interpretative ambiguities. An unfortunate compromise that was made in the final moments of the drafting of Article 37(a) allows for the possibility that children will be sentenced to life imprisonment and never released.

Keywords: child; crimes; cruel, degrading punishment; cruel, inhuman treatment; human rights law; life imprisonment

10.1163/ej.9789004148864.i-96.9
/content/books/10.1163/ej.9789004148864.i-96.9
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    A Commentary on the United Nations Convention on the Rights of the Child, Article 37: Prohibition of Torture, Death Penalty, Life Imprisonment and Deprivation of Liberty — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation