A/HRC/RES/36/16
Assembly resolutions 71/188 of 19 December 2016 and Economic and Social Council
resolution 2017/19 of 6 July 2017,
Recalling also Human Rights Council resolution 31/13 of 23 March 2016 on the
rights of persons belonging to national or ethnic, religious and linguistic minorities,
focusing on minorities in the criminal justice system,
Noting with appreciation the work of all special procedures of the Human Rights
Council that addresses human rights in the administration of justice in the discharge of their
mandates,
Noting with interest the work of all human rights treaty body mechanisms on human
rights in the administration of justice, in particular the adoption by the Human Rights
Committee of its general comments No. 21 (1992), on humane treatment of prisoners
deprived of their liberty, No. 32 (2007), on the right to equality before courts and tribunals
and to a fair trial, and No. 35 (2014), on liberty and security of person, noting with interest
also the adoption by the Committee on the Rights of the Child of its general comments No.
10 (2007), on children’s rights in juvenile justice, and No. 13 (2011), on the right of the
child to freedom from all forms of violence, and noting with interest further the adoption by
the Committee on the Elimination of Racial Discrimination of its general recommendation
No. 31 (2005), on the prevention of racial discrimination in the administration and
functioning of the criminal justice system, and the adoption by the Committee on the
Elimination of Discrimination against Women of its general recommendation No. 33
(2015), on women’s access to justice,
Noting with appreciation the important work in the field of the administration of
justice of the Office of the United Nations High Commissioner for Human Rights, the
United Nations Office on Drugs and Crime, the United Nations Children’s Fund, the United
Nations Development Programme, the Special Representative of the Secretary-General on
Violence against Children and the Special Representative of the Secretary-General on
Children and Armed Conflict,
Convinced that the independence and impartiality of the judiciary, and the integrity
of the judicial system and an independent legal profession are essential prerequisites for the
protection of human rights, the rule of law, good governance and democracy, and for
ensuring that there is no discrimination in the administration of justice, and should therefore
be respected in all circumstances,
Underlining the importance of implementing the 2030 Agenda for Sustainable
Development, and recognizing the role of its goals relating to gender equality (Goal 5),
reducing inequality within and among countries (Goal 10) and the promotion of just,
peaceful and inclusive societies (Goal 16) for eliminating discrimination in the
administration of justice,
Emphasizing that the right of access to justice for all, including access to legal aid,
forms an important basis for strengthening the rule of law through the administration of
justice, and acknowledging the contribution of other actors, including lawyers’ associations
and civil society, in providing legal aid,
Recalling that every State should provide an effective framework in which to pursue
remedies to redress human rights violations or grievances and to challenge the lawfulness
of detention before a court,
Emphasizing that the social rehabilitation and reintegration of prisoners should be
among the essential aims of the criminal justice system so as to ensure, as far as possible,
that offenders are willing and able to lead a law-abiding and self-supporting life upon their
return to society,
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