Human rights in the administration of justice.

1990/81. Human rights in the administration of Justice

The Commission on Human Rights, Guided 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, Reaffirming the numerous international instruments concerning the administration of justice which have been adopted by the General Assembly, including the Standard Minimum Rules for the Treatment of Prisoners, the Code of Conduct for Law Enforcement Officials, the Basic Principles on the Independence of the Judiciary, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, and the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Aware of the opportunity offered to States parties to the International Covenant on Civil and Political Rights, if they so wish, to become States parties to its Optional Protocols, Mindful 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, Mindful also of Economic and Social Council resolution 1989/63 of 24 May 1989 on implementation of United Nations standards and norms in crime prevention and criminal justice, Expressing the need for further intensified co-operation between the Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs regarding human rights in the administration of justice, Mindful further 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 44/162 of 15 December 1989 on human rights in the administration of justice, Recalling its resolution 1989/24 of 6 March 1989,

1. Reaffirms the importance of the full and effective, implementation of all 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 recommendations of the General Assembly in its 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 United Nations programmes of advisory services and technical assistance;

6. 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;

7. Takes note of the note by the Secretary-General on the feasibility of drafting model texts for national legislation or other measures for the effective implementation of standards relating to human rights in the administration of justice (E/CN.4/1990/12);

8. Invites the Secretary-General to establish a consolidated list of provisions in the various United Nations standards in this field relevant for the drafting of such model texts;

9. Also invites the Secretary-General to forward this list, together with the comments solicited in accordance with General Assembly resolution 44/162 , to the Sub-Commission on Prevention of Discrimination and Protection of Minorities at its forty-second session;

10. Requests the Secretary-General to inform the Commission at its forty-seventh session on the decisions taken by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders relevant to human rights in the field of the administration of justice;

11. Invites the Sub-Commission on Prevention of Discrimination and Protection of Minorities to study, taking these comments into account, the implementation of United Nations norms and standards in this field and to recommend practical measures to the Commission;

12. Also invites the Sub-Commission to consider the elaboration of model texts for national legislation in this field and to report thereon to the Commission at its forty-seventh session;

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

54th meeting
7 March 1990
[Adopted without a vote. See chap. X.]