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1 A Critique of the United Nations Death Penalty Policy Student's Name Institutional Affiliation Course Name and Number Instructor's Name Date

2 A Critique of the United Nations Death Penalty Policy Since it was established, the United Nations has been influential in promoting rights worldwide. Among the range of discussions regarding rights, one issue that captures attention and sparks intense debates and ethical considerations is the death penalty. The UN's involvement with this matter demonstrates its dedication to creating a world where justice and human rights are prioritized, making eliminating the death penalty a key focus of its advocacy endeavors. This discussion post aims to analyze the UN's policy on the death penalty, addressing key aspects such as the policy's title, duration, responsible agencies, focus, goals, underlying needs, and effectiveness in meeting its objectives. Policy Title The absence of an explicitly designated title for the UN's death penalty policy is notable, reflecting a deliberate emphasis on the overarching principles of human rights rather than a specific label. Without an official title, a working title such as "Assessing the UN's Approach to the Death Penalty: A Human Rights Perspective" encapsulates the essence of the policy's focus and purpose. This working title underscores the critical lens through which the policy will be analyzed, emphasizing the core human rights principles as the guiding framework for evaluating the UN's stance on the death penalty. By adopting this working title, the critique aims to delve into the policy's alignment with international human rights standards and its impact on the broader discourse surrounding the death penalty. Policy Duration and Evolution The United Nations' position on punishment has changed over time. In 1948, the Universal Declaration of Human Rights established the foundation highlighting the importance of the right to life(Kovandzic et al., 2009). Since then, various resolutions, declarations, and

3 conventions have contributed to shaping the UN's current position on the death penalty. The policy has been subject to amendments and revisions, aligning with the evolving understanding of human rights. Responsible Agencies The United Nations, through its General Assembly and Human Rights Council, plays a central role in formulating and endorsing policies related to the death penalty (Alston & Mégret, 2013). The distribution of responsibilities highlights the governance structure under the United Nations framework. Although the UN has a role in establishing norms and encouraging unanimity against capital punishment, it is up to each member state to implement these guidelines. This decentralized approach allows for flexibility, recognizing nations' diverse legal systems, cultural contexts, and political landscapes( Berk,2009). However, it also introduces challenges, as the effectiveness of the UN's advocacy depends on the willingness of member states to align their domestic policies with the international standards endorsed by the organization. Focus, Purpose, and Goals The United Nations has a very clear position on the death penalty: it is about defending and advancing human rights. The main goal is to advocate for the abolition of the death penalty, emphasizing the right to life as a fundamental human right. This policy encourages an agreement against capital punishment, ensuring trial practices and addressing structural problems contributing to its implementation. Underlying Needs The basis for the UN's position on the death sentence is the conviction that it violates people's right to life and is incompatible with their sense of dignity. This policy declares that the

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4 death sentence should not be applied as a form of punishment and acknowledges the intrinsic dignity of every person. It emphasizes the need for legal systems that guarantee fair and impartial trials, ensuring that individuals can present a robust defense penalty (Alston & Mégret, 2013). Additionally, the policy seeks to promote international cooperation and advocacy to abolish the death penalty globally, fostering a world where the right to life and a fair trial are universally upheld. Effectiveness in Meeting Goals Therefore, to evaluate the impact of the United Nations death penalty policy, it is necessary to analyze patterns and shifts in how governments handle this issue. The UN has achieved progress in gaining backing for abolishing capital punishment. Nonetheless, challenges remain as certain member states persist in carrying out executions. Effectiveness can be measured by reductions in executions globally (Donohue .,2009). Thus increased adherence to fair trial standards, and progress toward the complete abolition of the death penalty. Addressing Underlying Needs The policy's success in addressing the underlying need to protect human rights and eliminate the death penalty remains a complex and ongoing process(Rubin,2009.) While there has been progress, challenges persist due to diverse cultural, political, and legal contexts across member states. Evidence of positive change can be found in countries that have abolished the death penalty or imposed moratoriums, showcasing the policy's impact in fostering global dialogue and influencing national legal frameworks. In conclusion, the United Nations death penalty policy demonstrates the organization's dedication to safeguarding rights on a scale. Despite difficulties implementing policies across countries, the UN's support for ending capital punishment has sparked vital discussions and led

5 to significant reforms in numerous jurisdictions. As the world continues to progress, the UN's crucial role in shaping and improving its death penalty policy will continue to be instrumental in working towards a more equal world.

6 References Alston, P., & Mégret, F. (2013). The United Nations and Human Rights: A Critical Appraisal. In Google Books . Oxford University Press. https://books.google.com/books? hl=en&lr=&id=sEfWDwAAQBAJ&oi=fnd&pg=PP1&dq=The+United+Nations Berk, R. (2009). Can't tell: comments on does the death penalty save lives. Criminology & Pub. Pol'y , 8 , 84 Donohue III, J. J. (2009). The impact of the death penalty on murder. Criminology & Pub. Pol'y , 8 , 795. Kovandzic, T. V., Vieraitis, L. M., & Boots, D. P. (2009). Does the death penalty save lives? Criminology & Public Policy , 8 (4), 803–843. https://doi.org/10.1111/j.1745- 9133.2009.00596.x Rubin, Paul H. 2009. "Don't scrap the death penalty." Criminology & Public Policy 8:853-85

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