Mandatory life sentencing for juvenile criminals have been ruled unconstitutional by the US Supreme Court. But states are still deciding if that ruling must apply retroactively. It should. All people are born with human rights which means we carry those rights throughout their entire lives, which means those juveniles had those rights at the time of sentencing. Juvenile life without parole provides no rehabilitation and its use is racially disproportionate. The US has signed and ratified the International Covenant on Civil and Political Rights (ICCPR) which is a key human rights treaty. • ICCPR Article 7 prohibits torture or to cruel, inhuman or degrading treatment or punishment. • ICCPR Article 10 declares that the goal of the prison system is reformation and social rehabilitation and that juvenile offenders must be housed separately and be accorded treatment appropriate to their age and legal status. • ICCPR Article 14(4) requires that the sentencing of juveniles “take account of their age and the desirability of promoting their rehabilitation.” • ICCPR Article 24(1) says that all juveniles have the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.” Taken together, there is no question that states must apply the ban on mandatory juvenile sentencing of life without parole retroactively.
Posted on: Thu, 14 Nov 2013 18:38:46 +0000
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