Joint Declaration on the Death Penalty and Women’s Rights

19th World Day Against the Death Penalty- 10 October 2021

As we mark the 19th World Day Against the Death Penalty dedicated to women facing capital
punishment, who have been sentenced to death, who have been executed or who have been pardoned or
found not guilty, the members of the World Coalition Against the Death Penalty and allies of women
sentenced to death take this opportunity to:

• Draw attention to the gender-based discrimination that confront women facing the death penalty during in the lead-up to the offense, investigation, trial, sentencing and appeal phases. Gender-
based discrimination can occur against women facing capital punishment and in many cases mitigating circumstances that might benefit women sentenced to death are not considered. For instance, this is particularly true in cases of sexual and gender-based violence.

• Emphasize that gender-based discrimination does not operate in isolation but combines with
other forms of discrimination, including those based on age, race, ethnicity, nationality, sexual
orientation, gender identity, economic status, disability amongst others, that expose women on
death row to multiple and intersecting forms of inequality.

• Note that there are gaps in the information available on the number and status of women who
have been sentenced to death, executed, had their death sentences commuted or pardoned, due
to a lack of accurate and disaggregated figures in many countries.

• Recall that in many countries conditions of detention threaten the physical, and psychological
integrity and even the lives of all prisoners, and that women on death row face unique challenges
due to their specific needs, such as lack of gender-sensitive medical care and hygiene products,
and threats of gender-based violence.

We recommend that governments in countries that have yet to abolish the death penalty/ still retain the
death penalty:

1. Abolish the death penalty for all offences, regardless of gender;
2. Pending full abolition, we call on governments to:
   a. Eliminate the death penalty for offenses that do not meet the threshold of “most serious
   crimes” under international law and standards;
   b. Repeal provisions that allow for the mandatory imposition of the death penalty, which
   does not allow judges to consider the circumstances of the offense for the defendant at
   sentencing;
   c. Acknowledge the compounding forms of violence and discrimination experienced by
   girls and women – including gender-based violence, early and forced marriage; review
   laws, criminal procedures, and judicial practices and implement policies and legislative
   reforms to protect women from these abuses;
   d. Ensure that the criminal justice system takes full account of any mitigating factors
   linked to women’s backgrounds, including accounts of prior abuse, mental and
   intellectual disabilities;

e. Prevent the disproportionate prosecution and detention of women for “moral/sexual”
crimes, and consider decriminalizing these types of offenses;
f. Promote the training of all those involved in the investigation, representation and
prosecution of crimes involving women on gender-based discrimination and violence,
pathways to crime, and gender-sensitive mitigations;
g. Ensure that all those facing the death penalty have access to free and effective legal
counsel experienced in capital representation, and that are trained to recognize and bring
forward claims mitigating factors, including those linked to gender-based
discrimination;
h. Develop and implement programs to prevent gender-based violence and discrimination,
and promote women and girls’ human rights.

Signatory organizations:

1. ACAT-France
2. The Advocates for Human Rights
3. Amnesty International
4. Anti-Death Penalty Asia Network
   (ADPAN)
5. Asia Catalyst
6. Association de Jeunes pour la Paix et
   la Démocratie
7. Association française des femmes des
   Carrières Juridiques
8. The Autonomous Women’s Center
9. Avocats sans frontières France
10. Bangladesh Institute of Human Rights
11. Capital Punishment Justice Project
12. Center for Prisoners’ Rights Japan
13. Centre d’Information et de
    Documentation sur les Droits de
    l’Enfants et de la Femme
14. Colegio de Abogados y Abogagas de
    Puerto Rico
15. Collectif Libérons Mumia
16. Cornell Center on the Death Penalty
    Worldwide
17. Defense of Human Rights and Dignity
    Movement (iDefend)
18. Demir Leblebi Kadin Derneği
19. Eleos Justice, Monash University
20. Families of Victims of Involuntary
    Disappearance (FIND)
21. Federation of Women Lawyers FIDA
    Cameroon
22. Femmes for Freedom Algemeen
23. Focal Commissioner for Women’s
    Human Rights and the Anti-Death
    Penalty Campaign Commission on
    Human Rights of the Philippines
24. Foundation for Elimination of
    Violence Against Women – Mitra
    Perempuan
25. Gender Violence Clinic – University
    of Maryland Carey School of Law
26. German Coalition to Abolish the
    Death Penalty
27. Girl Concern
28. Human Rights & Democracy Media
    Center SHAMS/Palestine
29. International Commission of Jurists
30. Italian Federation for Human Rights
    (FIDU)
31. Japan Innocence and Death Penalty
    Information Center
32. Karapatan Alliance
33. Kenya Human Rights Commission
34. lifespark
35. Magistrats Européens pour la
    Démocratie et les Libertés
36. Maldivian Democracy Network
    (MDN)
37. Mamas for Burundi Association
38. Medical Action Group
39. NederlandstaligeVrouwenraad
40. Parliamentarians for Global Action
    (PGA)
41. Pax Christi Uvira asbl
42. Persatuan Sahabat Wanita Selangor
43. Philippine Alliance of Human Rights
    Advocates (PAHRA)
44. Philippine Coalition for the
    International Criminal Court
45. Planète Réfugiés – Droits de l’Homme
46. Punjab Women Collective
47. REPECAP – International Academic
    Network for the Abolition of Capital
    Punishment
48. Réseau des Femmes Leaders pour la
    Développement
49. Salam for Democracy and Human
    Rights
50. The Sentencing Project
51. Serve
52. Sosyal Yardımlaşma Rehabilitasyon

ve Adaptasyon Merkezi (SOHRAM-
CASRA)

53. Southern Methodist University (SMU)
    Human Rights Program
54. Task Force Detainees of the
    Philippines
55. Texas After Violence Project
56. UIA-IROL (Institute for the Rule of
    Law of the International Association
    of Lawyers)
57. Vision des Filles Leaders pour le
    Développement
58. Women and Child
59. Women and Harm Reduction
    International
60. Women Information Network
61. Women’s Committee – UIA
    (International Association of Lawyers)
62. World Coalition Against the Death
    Penalty