A/RES/79/172 Human rights in the administration of justice Recalling the commitment to establish appropriate safeguards to prevent and address any adverse impact on human rights arising from the use of digital and emerging technologies and protect individuals against violations and abuses of their human rights in the digital space, including through human rights due diligence and establishing effective oversight and remedy mechanisms, recently reaffirmed by Member States in the Global Digital Compact, as annexed to General Assembly resolution 79/1 of 22 September 2024, Recognizing the rapid advances in the design, development and use of digital technologies, including artificial intelligence systems, in various aspects of criminal justice systems, including the pretrial stage, during trials as well as after convictions, Bearing in mind that the use of digital technology, including emerging information and communications technology, including artificial intelligence, can improve the administration of justice but also has the potential to negatively affect human rights, Encouraging law enforcement, criminal justice and other relevant institutions to effectively and appropriately employ new and advanced technologies, including artificial intelligence, as tools against crime with adequate and effective safeguards to prevent the misuse and abuse of these technologies in this regard, and underscoring the importance of designing and using artificial intelligence systems in such a way as to produce explainable and non-discriminatory results, 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, Concerned about the negative impact of overincarceration and overcrowding on the enjoyment of human rights, and acknowledging that overincarceration constitutes one of the major underlying causes of overcrowding, Emphasizing that the penitentiary system should provide the possibility of reform and social rehabilitation of the offender in all appropriate cases, and that punishment should be dealt with in the larger framework of a criminal justice system that provides the possibility of reinsertion and reintegration of the offender into society, Recalling that the social rehabilitation and reintegration 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, Underlining that, where persons are in vulnerable situations or marginalized, prejudice and discrimination in the administration of justice may result in their overincarceration and overrepresentation throughout the criminal justice system, which could also potentially occur due to the use of digital technologies, including artificial intelligence, in the administration of justice, and recognizing the need for States to take measures, within the justice system, particularly the criminal justice system, to prevent discrimination, inter alia, against persons with disabilities and persons belonging to national or ethnic, religious and linguistic minorities and to increase their effective participation within the system, Aware of the need for special vigilance with regard to the specific situation of children, juveniles, women, persons with disabilities, older persons, Indigenous Peoples, refugees, internally displaced persons and migrants, persons belonging to national or ethnic, religious and linguistic minorities and people who are in vulnerable situations in the administration of justice, in particular while they are deprived of 4/11 24-24212

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