resolution of the UN General Assembly on the use of the death penalty strengthened calls for protection against the discriminatory application of the death penalty. The Human Rights Council in its recent authoritative interpretation of article 6 of the ICCPR also states that the death penalty must not be imposed in a discriminatory manner “contrary to the requirements of Articles 2(1) and 26 of the Covenant.” Chinese Law Age Limits Under Chinese criminal law persons under the age of 18 or 75 years or over shall have their punishment mitigated. Article 49 (CL.17) confirms that persons under the age of 18 or 75 years or over shall not be given the death penalty. Pregnant Women and New Mothers Chinese law is clear that women who are pregnant at the time of the trial cannot be executed (CL.17 Art.49). There is no legal provision, however, against the execution of new mothers. An appellate judge commenting on informal guidelines for the review of death sentences explained that, mothers with children under 12 years old will often be given a two-year suspended death sentence, even where the offence is seen as very serious.21 This seems to be an example of judges adapting the overall policy guidance of ‘balancing severity with leniency’ to guide their approach. Mental Disabilities Chinese law does not have an explicit provision to prohibit the execution of persons for reasons of insanity. The criminal law is principally concerned with the question of responsibility although in cases of diminished responsibility, the court may give a more lenient punishment (CL.17 Art.18). Where someone suffers from episodic mental illness, the courts must determine if they were mentally disordered at the time of the offence. There are three key issues in relation to mental illness and the death penalty in China: the focus on criminal responsibility, the understanding of mental illness and the assessment procedures. Criminal responsibility The law is primarily concerned with the question of determining criminal responsibility. If a person is found to not have criminal responsibility then they should not be subject to criminal punishments, including the death penalty. Where someone is determined to not have ‘criminal responsibility’ for their actions they should either be released to the care of their family or, where they are deemed to 21 Trevaskes, Susan. “From ‘Killing Many’ to ‘Killing Fewer’” in Liang, Bin and Lu, Hong (eds) The Death Penalty in China: Policy, Practice and Reform, Columbia University Press, 2016. 22