The Importance of Recognizing the Death Penalty as a Human Rights Violation
Examining the death penalty from a human rights perspective not only highlights the impact of denying the most basic right on all other rights but also demonstrates why the only “solution” to the death penalty is to permanently end its use. If the injustices and practicalities associated with capital punishment could somehow be erased—the costs cut, the racial and class biases removed, and all possibilities for “error” eliminated–the government still cannot do it because it violates fundamental human rights. A human rights based approach does not take issue with the accuracy, technique, or timeliness of an execution. It provides a strict standard with which to say simply and unequivocally—the death penalty is wrong.
human rights approach obligates duty bearers (usually States) to: 1) respect; 2) protect; and 3) fulfill human rights. In the context of the death penalty, this means not depriving the fundamental human rights—such as life—of those sentenced to crimes; taking positive steps to ensure the human rights of the accused and sentenced; and adopting national legislation to achieve full realization of the rights of these individuals