Human rights in the administration of justice.

1989/24. Human rights in the administration of justice

The Commission on Human Rights, Guide by the principles embodied in articles 3, 5, 9, 10 and 11 of the Universal Declaration of Human Rights, as well as the relevant provisions of the International Covenant on Civil and Political Rights, in particular article 6, which explicitly states that no one shall be arbitrarily deprived of his life, Guided also by the relevant principles embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in the International Convention on the Elimination of All Forms of Racial Discrimination, Calling attention to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the safeguards guaranteeing protection of the rights of those facing the death penalty, as well as to the Basic Principles on the Independence of the Judiciary, the Code of Conduct for Law Enforcement Officials and the Standard Minimum Rules for the Treatment of Prisoners, Further calling attention to the Body of principles for the Protection of All Persons under Any Form of Detention or Imprisonment, adopted by the General Assembly in resolution 43/173 of 9 December 1988, Mindful of the proposal for the adoption of a second optional protocol to the International Covenant on Civil and Political Rights on the elimination of the death penalty, as well as of the prohibition under article 6 of the International Covenant on Civil and Political Rights of the imposition of the death penalty for crimes committed by persons below 18 years of age, Noting that the United Nations system continues to give special attention to the elaboration of standards in this field as mandated by the Economic and Social Council in its resolution 1986/10 of 21 May 1986, including on the use of force and firearms by law enforcement officials as well as with regard to unacknowledged detention of persons and on the independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers, Mindful also of the principles contained in General Assembly resolution 41/120 of 4 December 1986 on standard setting in the field of human rights, Guided by General Assembly resolution 43/153 of 8 December 1988 on human rights in the administration of justice, Recalling its resolution 1988/33 of 8 March 1988,

1. Reaffirms the importance of the full and effective implementation of United Nations standards on human rights in the administration of justice;

2. Reiterates once again its call upon all States to spare no effort in providing for effective legislative and other mechanisms and procedures as well as adequate resources to ensure more effective implementation of these standards, taking into account the General Assembly's recommendations, in resolution 43/153 of 8 December 1988, for the development of national strategies for this purpose;

3. Recognizes the important role that non-governmental organizations, including professional associations of lawyers and judges, can play in promoting human rights in the administration of justice;

4. Again calls upon its subsidiary bodies, including its special rapporteurs and working groups, to give special attention to questions relating to the effective protection of human rights in the administration of justice, in particular with regard to unacknowledged detention of persons, and to provide, wherever appropriate, specific recommendations in this regard, including proposals for possible concrete measures under advisory services programmes;

5. Stresses the desirability of providing States, at their request, with continued assistance in the field of the administration of justice, in particular under the programme of advisory services in the field of human rights;

6. Further stresses the desirability of including in such assistance model texts for national legislative or other measures for the effective implementation of standards in this field;

7. Requests the Secretary-General to study the feasibility of drafting such model texts, to seek the views of Member States on this issue and to inform the Commission at its forty-sixth session of the results of his study;

8. Emphasizes the importance of appropriate education and public information programmes in the field of human rights which would be geared particularly to those responsible for the administration of justice, and requests the Secretary-General to provide for appropriate action within the framework of the World Public Information Campaign for Human Rights;

9. Expresses the hope that the existing co-operation between the Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs will be further strengthened as regards matters relating to human rights in the administration of justice, and welcomes, in this context, the creation of focal points within the Centre for Human Rights and the Crime Prevention and Criminal Justice Branch to monitor the aspects relating to human rights in the administration of justice within the various elements of the United Nations human rights programme, the programme on crime prevention and control and the work of the specialized agencies, regional organizations and non-governmental organizations in consultative status, and to provide, as appropriate, advice on co-ordination and other relevant issues in the field;

10. Reiterates the hope that the Human Rights Committee and regional human rights institutions established by regional human rights instruments will endeavour to study possible areas of co-operation with human rights bodies of the United Nations system in this field and inform the Commission of their reflections on this matter;

11. Decides to consider the question of human rights in the administration of justice at its forty-sixth session under the agenda item "Question of the human rights of all persons subjected to any form of detention or imprisonment".

51st meeting
6 March 1989
[Adopted without a vote. See chap. X.]