Law Council of Australia joins call for universal abolition of death penalty

The Law Council of Australia, alongside its counterparts from around the world, has expressed its opposition to the death penalty in all circumstances for all people to mark the World Day Against the Death Penalty on 10 October.

The Law Council recently made a submission relating to the inquiry of the Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade, which looked into Australia’s efforts to advocate for abolishing the death penalty internationally.

Its submission commended Australia’s ongoing commitment to promoting the abolition of the death penalty worldwide and maintaining a robust domestic legal and policy framework ensuring that Australia refrains from exposing anyone to a real risk of execution.

In a joint statement dated 10 October, the Law Council and other organisations representing the legal profession around the globe called for the universal abolition of the death penalty and expressed deep concern about the penalty’s persistence in many countries and its possible resurgence in certain countries where it has already been abolished.

The organisations urged all countries still imposing the death penalty to abolish it and, pending such abolition, to impose a moratorium on the penalty. They also urged all countries with such a moratorium to continue applying it and to refrain from revoking it.

Human rights

The organisations encouraged the relevant authorities and actors of society to participate in constructive dialogues, to share best practices, and to support each other in pursuing alternative, humane, and effective measures to fight crime and to protect society in a way that promotes and safeguards human rights and the rule of law.

In the joint call, the organisations said that they perceived the abolition of the death penalty as a way to foster and to protect human dignity and human rights and as a step toward achieving a world that respects the inherent worth of every individual and that pursues justice in a manner upholding the principles of fairness, humanity, and the rule of law.

The organisations recognised that every person has inherent dignity and a fundamental right to life, which is a right guaranteed by all major international and regional human rights instruments.

These include article 3 of the Universal Declaration of Human Rights, article 6 of the International Covenant on Civil and Political Rights (ICCPR), the Second Optional Protocol to the ICCPR, article 2 of the European Convention on Human Rights, and Protocols No. 6 and 13 to the European Convention on Human Rights.