Human rights in the administration of justice
A/RES/67/166
Recognizing the importance of the principle that, except for those lawful
limitations that are demonstrably necessitated by the fact of incarceration, persons
deprived of their liberty shall retain their non-derogable human rights and all other
human rights and fundamental freedoms,
Recalling that the social rehabilitation of persons deprived of their liberty shall
be among the essential aims of the criminal justice system, ensuring, as far as
possible, that offenders are able to lead a law-abiding and self-supporting life upon
their return to society,
Aware of the need for special vigilance with regard to the specific situation of
children, juveniles and women in the administration of justice, in particular while
they are deprived of their liberty, and their vulnerability to various forms of
violence, abuse, injustice and humiliation,
Recognizing the specific situation and needs of children formerly associated
with armed forces or armed groups when accused of crimes under international law
allegedly committed while they were associated with armed forces or armed groups,
Reaffirming that the best interests of the child shall be a primary consideration
in all decisions concerning the child in the administration of justice, including in
relation to pretrial measures, as well as being an important consideration in all
matters concerning the child related to sentencing of his or her parents, or, where
applicable, legal guardians or primary caregivers,
Takes note with appreciation of the most recent report of the
1.
Secretary-General; 14
2.
Also takes note with appreciation of the most recent report of the United
Nations High Commissioner for Human Rights on the protection of human rights of
juveniles deprived of their liberty 15 and the joint report of the Office of the United
Nations High Commissioner for Human Rights, the United Nations Office on Drugs
and Crime and the Special Representative of the Secretary-General on Violence
against Children on prevention of and responses to violence against children within
the juvenile justice system, 16 both submitted to the Human Rights Council;
3.
Reaffirms the importance of the full and effective implementation of all
United Nations standards on human rights in the administration of justice;
4.
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 the full implementation of those standards;
Invites States to make use of technical assistance offered by the relevant
5.
United Nations entities and programmes in order to strengthen national capacities
and infrastructures in the field of the administration of justice;
Appeals to Governments to include in their national development plans
6.
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
promoting and protecting human rights, and invites the international community to
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14
A/67/260 and Add.1.
A/HRC/21/26.
16
A/HRC/21/25.
15
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