A/RES/79/172
Human rights in the administration of justice
that electronic monitoring should, where possible, only be used as an alternative to
pretrial detention when grounds for detention exist, and ensure respect for human
rights in any use of such monitoring;
22. Encourages States to address overcrowding in detention facilities by
taking effective measures, including through enhancing the availability and use of
alternatives to pretrial detention and custodial sentences, bearing in mind the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) 29
and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules), 30 access to legal aid, mechanisms
for crime prevention, early release and rehabilitation programmes and the efficiency as
well as the capacity of the criminal justice system and its facilities, bearing in mind
the United Nations Principles and Guidelines on Access to Legal Aid in Criminal
Justice Systems; 31
23. Urges States to take all measures, including those related to the use of
digital technologies, necessary to prevent and eliminate discrimination in law and in
practice against persons who are in vulnerable situations or marginalized in the
administration of justice that may also result in their overincarceration and
overrepresentation throughout the criminal justice process;
24. Also urges States to pay special attention to the conditions of detention or
imprisonment of persons who are in vulnerable situations or marginalized and to their
particular needs;
25. Continues to encourage States to pay due attention to the Bangkok Rules
when developing and implementing relevant legislation, procedures, policies and
action plans, and invites relevant special procedure mandate holders, the Office of the
High Commissioner, the United Nations Office on Drugs and Crime and all other
relevant organizations to take those rules into consideration in their activities;
26. Encourages States to review penal policies that can contribute to
overincarceration and overcrowding, in particular regarding so-called “zero-tolerance
policies”, such as the application of mandatory pretrial detention and mandatory
minimum sentences, especially for minor and/or non-violent crimes;
27. Recognizes that all children and juveniles alleged as, accused of or
recognized as having infringed the law, particularly those who are deprived of their
liberty, as well as child victims and witnesses of crimes, should be treated in a manner
consistent with their rights, dignity and needs, in accordance with international law,
bearing in mind relevant international standards on human rights in the administration
of justice, taking into account also the age, gender, social circumstances and
development needs of such children, and calls upon States parties to the Convention
on the Rights of the Child and States parties to the Optional Protocols to the
Convention to abide strictly by their principles and respective provisions;
28. Recalls the global study on children deprived of liberty 32 and the
leadership of the Special Representative of the Secretary -General on Violence against
Children in the follow-up to the study in cooperation with the other entities in the
United Nations inter-agency task force and the non-governmental organization panel,
and in this regard encourages Member States, United Nations agencies, funds,
programmes and offices, as well as other relevant stakeholders, to consider the
follow-up to and recommendations of the global study;
__________________
Resolution 45/110, annex.
Resolution 65/229, annex.
31
Resolution 67/187, annex.
32
A/74/136.
29
30
8/11
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