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Murder Victims' Families for
Human Rights
2161 Massachusetts Ave.
Cambridge, MA 02140
(617)-491-9600
info@
murdervictimsfamilies.org


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< The following article co-authored by
Renny Cushing and Susannah Sheffer appeared in
the American Friends Service Committee's Peacework Magazine,
November 2005.
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Human
Rights and Victim Justice
Renny Cushing is the Executive Director and Susannah
Sheffer is the staff writer of Murder Victims' Families for Human
Rights Membership is open to all victims' family members who oppose
the death penalty in all cases. MVFHR, 2161 Massachusetts Ave.,
Cambridge MA 02140; 617/491-9600;
www.murdervictimsfamilies.org.
Is the death penalty such a clear violation of human rights that it
should be prohibited even if some nations want to practice it, or is
the death penalty simply a criminal sanction that countries should be
allowed to impose if they believe it is effective?
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Outside South Bay Prison in Massachusetts
© Skip Schiel. |
This was the heart of the debate among the representatives of 53
countries attending the annual meeting of the UN Commission on Human
Rights in Geneva, Switzerland this past April. Representatives from
some of the countries -- the United States among them -- argued that
the death penalty is not an issue the international community should
take up, and that individual countries should have the right to retain
it.
In the end, the Commission passed a resolution condemning the death
penalty and urging countries to abolish it. The US was among the 17
countries voting against the resolution.
Clearly there is not yet a consensus, either worldwide, or,
certainly, within the US, that executions are violations of human
rights. But, increasingly, those in the death penalty abolition
movement are coming to believe that it is useful to frame the death
penalty as a human rights issue rather than as a criminal justice
issue. If we argue that executions violate human rights, then it is
harder for those who support the death penalty to claim that countries
that want to retain it should be allowed to do so. After all, human
rights, by definition, are not for governments to extend or deny; they
transcend political boundaries and political concerns. If the death
penalty is a violation of human rights, then it has no place in
society no matter what form of government or criminal justice system a
nation has.
It seems simple enough to assert that executions violate Articles 3
and 5 of the UN Declaration of Human Rights -- the right to life, and
the right not to be subjected to cruel, inhuman, or degrading
punishment or treatment. Yet this assertion by itself may not be
enough to sway people toward abolition. In addition to seeing the
death penalty as a criminal sanction that ought to be available, many
people believe that imposing the death penalty is a way of achieving
justice for victims.
The "victims' rights" movement has raised awareness of the fact
that victims too are stakeholders in the criminal justice process, and
victims' rights laws -- which now exist in most states -- establish
that victims should be informed, present, and heard at critical stages
during that process, and should be treated with compassion, respect,
and dignity. The voices of those who have lost loved ones to homicide
have a great deal of power in the death penalty debate. The long-time
death penalty abolitionists who formed the organization Murder
Victims' Families for Human Rights in 2004 recognized this power and
added to it the belief that highlighting the link between victims'
rights and human rights will help move us toward abolition.
It's interesting to remember that the Universal Declaration of
Human Rights, a document that sets forth the most basic principles
regarding the value of human life and the way human beings ought to
treat one another, was inspired by victims, demanded by victims. It
grew out of the suffering of millions of civilians murdered under the
brutal regimes of the Second World War, and its adoption on December
10, 1948 was a way to honor the loss of these lives by asserting that
such violations are neither moral nor permissible under any nation or
regime.
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Prisoner at MCI-Framingham, Massachusetts, 1993. ©
Michael Jacobson-Hardy. |
In more recent times, however, it has sometimes seemed as though
the victims' rights movement and the human rights -- or death penalty
abolition -- movements are speaking different languages. Historically,
the victims' movement has asserted that every human life has value and
that the taking of any one life by murder represents a theft whose
impact will be felt forever. Victims' rights are, therefore, a way of
trying to counterbalance that original violation with a reassertion of
human dignity. Historically, the death penalty abolition movement has
recognized that every human life has value and that the taking of any
one life by the state replicates the very violation it is supposedly
designed to redress. These are in fact both human rights claims, yet
abolitionists and victims' rights advocates often fail to recognize
these commonalities or to internalize each other's perspectives.
For MVFHR, both the death penalty and individual murder are
violations of fundamental human rights. We believe that those who are
outraged when the state kills should be equally outraged when an
individual kills, and should therefore make a real effort to
understand the effects of murder and to consider and incorporate the
victim's perspective into their work. We believe that those who are
outraged by an individual murder should likewise be outraged when the
state takes another human life, and should therefore make a real
effort to understand and consider the effects of a state system of
execution.
Justice for victims -- whose human rights have been so completely
violated -- does not come from violating the human rights of others.
Justice, instead, must come in another way, and that way must include
a recognition of the worth and dignity of all and a willingness to
work toward a world that upholds, rather than denies, the value of
human life.
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