Human Rights in the Administration of Justice, G.A. res. 50/181, U.N. Doc. A/RES/50/181 (1995)


 
     The General Assembly,
 
     Recalling its resolution 48/137 of 20 December 1993, and taking note of
Commission on Human Rights resolution 1995/41 of 3 March 1995 on human rights
in the administration of justice, in particular of children and juveniles in
detention,
 
     Bearing in mind the principles embodied in articles 3, 5, 9, 10 and 11 of
the Universal Declaration of Human Rights and the relevant provisions of the
International Covenant on Civil and Political Rights and the Optional
Protocols thereto, in particular article 6 of the Covenant, which explicitly
states that no one shall be arbitrarily deprived of his life and prohibits the
imposition of the death penalty for crimes committed by persons below eighteen
years of age,
 
     Bearing in mind also the relevant principles embodied in the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
the International Convention on the Elimination of All Forms of Racial
Discrimination and the Convention on the Rights of the Child,
 
     Mindful of the Convention on the Elimination of All Forms of
Discrimination against Women, in particular of the obligation of States to
treat men and women equally in all stages of procedures in courts and
tribunals,
 
     Calling attention to the numerous international standards in the field of
the administration of justice,
 
     Recognizing that the rule of law and the proper administration of justice
are important elements for sustainable economic and social development and
play a central role in the promotion and protection of human rights,
 
     Welcoming the important work of the Commission on Human Rights and of the
Subcommission on Prevention of Discrimination and Protection of Minorities in
the field of human rights in the administration of justice, in particular
regarding the independence of the judiciary, the independence of judges and
lawyers, the right to a fair trial, habeas corpus, human rights and states of
emergency, the question of arbitrary detention, the human rights of juveniles
in detention, the privatization of prisons and the question of the impunity of
perpetrators of violations of human rights,
 
     Welcoming also Commission on Human Rights resolution 1995/36 of 3 March
1995 on the independence and impartiality of the judiciary, jurors and
assessors and the independence of lawyers,
 
     Welcoming further the important work of the Commission on Crime
Prevention and Criminal Justice in the field of human rights in the
administration of justice, as reflected, inter alia, in Economic and Social
Council resolution 1995/13 on United Nations standards and norms in crime
prevention and criminal justice and resolution 1995/15 on technical
cooperation and interregional advisory services in crime prevention and
criminal justice, of 24 July 1995,
 
     Emphasizing the importance of coordinating the activities in this field
carried out under the responsibility of the Commission on Human Rights with
those under the responsibility of the Commission on Crime Prevention and
Criminal Justice,
 
     Noting that many human rights violations in the administration of justice
are specifically or primarily directed against women and that the
identification and reporting of those violations demand special vigilance,
 
     Aware of the specific situation of children and juveniles in detention
and their special needs while deprived of their liberty, in particular their
vulnerability to various forms of abuse, injustice and humiliation,
 
     1.   Reaffirms the importance of the full and effective implementation of
all United Nations standards on human rights in the administration of justice;
 
     2.   Acknowledges that the administration of justice, including law
enforcement and prosecutorial agencies and, especially, an independent
judiciary and legal profession in full conformity with applicable standards
contained in international human rights instruments, are essential to the full
and non-discriminatory realization of human rights and indispensable to
democratization processes and sustainable development;
 
     3.   Once again reiterates its call to all Member States to spare no
effort in providing for effective legislative and other mechanisms and
procedures, as well as adequate resources, to ensure full implementation of
those standards;
 
     4.   Appeals to Governments to include in their national development
plans the administration of justice as an integral part of the development
process and to allocate adequate resources for the provision of legal-aid
services with a view to the promotion and protection of human rights;
 
     5.   Invites Governments to provide training in human rights in the
administration of justice, including juvenile justice, to all judges, lawyers,
prosecutors, social workers and other professionals concerned, including
police and immigration officers;
 
     6.   Encourages States to make use of technical assistance offered by the
United Nations programmes of advisory services and technical assistance, in
order to strengthen national capacities and infrastructures in the field of
the administration of justice;
 
     7.   Urges the Secretary-General to consider favourably requests by
States for assistance in the field of the administration of justice and to
strengthen system-wide coordination in this field, in particular between the
United Nations programme of advisory services and technical assistance in the
field of human rights and the technical cooperation and advisory services of
the United Nations crime prevention and criminal justice programme;
 
     8.   Invites the international community to respond favourably to
requests for financial and technical assistance for the enhancement and
strengthening of the administration of justice, with a view to ensuring the
promotion and protection of human rights in the administration of justice;
 
     9.   Calls upon special rapporteurs, special representatives and working
groups of the Commission on Human Rights to continue to give special attention
to questions relating to the effective protection of human rights in the
administration of justice and to provide, wherever appropriate, specific
recommendations in this regard, including proposals for concrete measures of
advisory services and technical assistance;
 
     10.  Acknowledges the important role of the regional commissions,
specialized agencies and United Nations institutes in the area of human rights
and crime prevention and criminal justice, and of other organizations of the
United Nations system, as well as intergovernmental and non-governmental
organizations, including national professional associations concerned with
promoting United Nations standards in this field;
 
     11.  Invites the Commission on Human Rights and the Commission on Crime
Prevention and Criminal Justice to coordinate closely their activities
relating to the administration of justice;
 
     12.  Decides to consider the question of human rights in the
administration of justice at its fifty-second session under the item entitled
"Human rights questions".
      

 

 



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