As Thailand writes a new constitution the examples of the 47 states who reject the death penalty may be useful
47 Countries throughout the world have repudiated the death penalty in their constitutions. The following table records the wordings of these guarantees of the right to life.
Country | Words of Constitution | Article |
1. | The penalty of death is prohibited | 8.3 |
2. | 1. The State respects and protects human life 2. The penalty of death is prohibited | 22 |
3. | The penalty of death is abolished | 85 |
4. | The death penalty is abolished, it cannot be brought back into force | 18 |
5. Bosnia-Herzegovina | All persons within the (a) The right to life | Paragraph 3 |
6. | Every individual has the right to life, to liberty, and to personal security. The penalty of death should not exist | 32 |
7. | No individual may be subject to torture, nor to cruel, inhumane or degrading treatment. The death penalty may not be applied in any case. | 26-2 |
8. | The right to life is inviolable. The death penalty does not exist | 11 |
9. | The right to life is inviolable | 21 |
10. | Any sanction leading to the deprivation of human life is forbidden | 2 |
11. | Every human being has the right to life. The death penalty does not exist in the | 21 |
12. | The death penalty does not exist | 6.3 |
13. | Neither the death penalty, nor torture or any other penalty or repressive procedure or punishment resulting in loss of, or damage to, the physical integrity or health of an individual, may be established | 8.1 |
14. | The State recognises and guarantees inviolability of life to all citizens. The death penalty does not exist | 23 |
15. | Every individual has the right to life, to individual liberty, to physical integrity and to security. No individual may be condemned to death, to torture, or to other degrading treatment | 6 |
16. | No one may be condemned to the penalty of death | 66-1 |
17. | The penalty of death is abolished | 102 |
18. | In no case may the penalty of death exist in the | 36-1 |
19. | The penalty of death is abolished for every matter | 20 |
20. | The penalty of death is prohibited | 66 |
21. | The penalty of death may in no case be established by law | 69 |
22. | The Parliament shall not enact any law providing for the imposition of the death penalty | 15.5.2 |
23. | The death penalty may not be established | 18 |
24. | Human life is inviolable. The death penalty may not be applied in any case in the | 10 |
25. | In virtue of the legislation of the | 6-1 |
26. | Penalty of death is forbidden | IV-9 |
27. | The penalty of death is abolished | 20 |
28. | 1. All citizens have the right to life and that their physical integrity be respected. They may not be subjected to torture, nor to cruel or inhuman treatment. 2. The penalty of death does not exist in the | 6 |
29. | The right to life will be respected and protected. No law may impose the death penalty as a judicial punishment.. No tribunal or court may issue a death penalty. No execution may take place in | 6 |
30. | No law can envisage the death penalty | 12-1 |
31. | The death penalty sentence may not be pronounced | 114 |
32. | The right to life is inviolable and inherent in the human person. The penalty of death does not exist in | 23 |
33. | The penalty of death does not exist | 30 |
34. | The penalty of death is abolished | 4 |
35. | (1) Human life is inviolable (2) The death penalty is applicable in no case | 24 |
36. | The penalty of death is prohibited | 22-3 |
37. | 1. Human life is inviolable 2. The death penalty may not be applied in any case | |
38. | 2. No law allows a tribunal to pronounce a sentence of capital punishment | 15 |
39. | 3. The penalty of death is inadmissable | 15 |
40. | Human life is inviolable. The death penalty does not exist in | 17 |
41. | Everyone has the right to life | 2.11 |
42. | Sentence of death may not be pronounced | 4 |
43. | | |
44. Timor-Leste | There shall be no death penalty in the Democratic Republic of East Timor | 29.3 |
45. | Every person has the inalienable right to life. No one shall be arbitrarily deprived of life. The duty of the State is to protect human life. | 27 |
46. | Penalty of death may not be applied in any case | 26 |
47. | The right to life is inviolable. No law may establish the penalty of death, and no authority may inflict it | 58 |
Notes:
Abolitionist and retentionist countries
Over half the countries in the world have now abolished the death penalty in law or practice.
Amnesty International's latest information shows that:
- 89 countries and territories have abolished the death penalty for all crimes;
- 10 countries have abolished the death penalty for all but exceptional crimes such as wartime crimes;
- 29 countries can be considered abolitionist in practice: they retain the death penalty in law but have not carried out any executions for the past 10 years or more and are believed to have a policy or established practice of not carrying out executions,
making a total of 128 countries which have abolished the death penalty in law or practice.
- 69 other countries and territories retain and use the death penalty, but the number of countries which actually execute prisoners in any one year is much smaller.
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