A/HRC/RES/42/11
deprived of their liberty, No. 32 (2007) on the right to equality before courts and tribunals
and to a fair trial, No. 35 (2014) on liberty and security of person and No. 36 (2018) on the
right to life, noting with interest also the adoption by the Committee on the Rights of the
Child of its general comments No. 24 (2019) on children’s rights in the child justice system
replacing general comment 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 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 for
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,
Recognizing the importance of the principle that, except for those lawful limitations
that are demonstrably necessitated by incarceration, persons deprived of their liberty retain
their non-derogable human rights and all other human rights and fundamental freedoms,
Recognizing also that States have a duty of care to take any measures necessary to
protect the lives and bodily integrity of individuals deprived of their liberty by the State,
and noting that failure to conduct independent, impartial and effective investigations into
the death or serious injury of a person while in the custody of the State can give rise to a
rebuttable presumption of responsibility of the State, in accordance with the State’s
international and regional human rights obligations and commitments,
Aware of the need for special vigilance and safeguards with regard to the specific
situation of suspects and offenders who are children, women, persons with disabilities,
persons belonging to national or ethnic, religious and linguistic minorities and other persons
with increased vulnerability in the administration of justice, in particular while they are
deprived of their liberty, and their vulnerability to violence, abuse, injustice and
humiliation,
Recognizing that women in detention or imprisonment have certain different needs,
including different health-care needs, and in this context noting the importance of gendersensitive justice systems, including for the prevention of sexual and gender-based violence,
Reaffirming that the best interests of the child must be a primary consideration in all
decisions concerning the deprivation of liberty and, in particular, that depriving children of
their liberty should be used only as a measure of last resort and for the shortest appropriate
period of time, in particular before trial, and the need to ensure that, if they are arrested,
detained or imprisoned, children should be separated from adults to the greatest extent
feasible, unless it is considered in the child’s best interest not to be,
Concerned about reports that mortality rates of persons deprived of liberty are often
much higher than among the general population and that violence is prevalent in situations
of deprivation of liberty,
Recognizing that inadequate conditions of detention, overcrowding, understaffing,
lack of adequate access to health care, and lack of adequate investigations and
accountability as well as of complaint mechanisms can be important contributing factors to
violence, death and serious injuries, including through self-harm, in situations of
deprivation of liberty,
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