United Nations

A/RES/50/181


General Assembly

Distr. GENERAL  

28 February 1996

ORIGINAL:
ENGLISH


Fiftieth session
Agenda item 112 (b)


                  RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY

            [on the report of the Third Committee (A/50/635/Add.2)]


            50/181.     Human rights in the administration of
                        justice

      The General Assembly,

      Recalling its resolution 48/137 of 20 December 1993, and taking
note of Commission on Human Rights resolution 1995/41 of 3 March 1995
on human rights in the administration of justice, in particular of
children and juveniles in detention,  1/

      Bearing in mind the principles embodied in articles 3, 5, 9, 10
and 11 of the Universal Declaration of Human Rights  2/ and the
relevant provisions of the International Covenant on Civil and
Political Rights and the Optional Protocols thereto,  3/ in
particular article 6 of the Covenant, which explicitly states that no
one shall be arbitrarily deprived of his life and prohibits the
imposition of the death penalty for crimes committed by persons below
eighteen years of age,

      Bearing in mind also the relevant principles embodied in the
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment,  4/ the International Convention on the
Elimination of All Forms of Racial Discrimination  5/ and the
Convention on the Rights of the Child,  6/

      Mindful of the Convention on the Elimination of All Forms of
Discrimination against Women,  7/ in particular of the obligation
of States to treat men and women equally in all stages of procedures
in courts and tribunals,

      Calling attention to the numerous international standards in the
field of the administration of justice,

      Recognizing that the rule of law and the proper administration of
justice are important elements for sustainable economic and social
development and play a central role in the promotion and protection of
human rights,

      Welcoming the important work of the Commission on Human Rights
and of the Subcommission on Prevention of Discrimination and
Protection of Minorities in the field of human rights in the
administration of justice, in particular regarding the independence of
the judiciary, the independence of judges and lawyers, the right to a
fair trial, habeas corpus, human rights and states of emergency, the
question of arbitrary detention, the human rights of juveniles in
detention, the privatization of prisons and the question of the
impunity of perpetrators of violations of human rights,

      Welcoming also Commission on Human Rights resolution 1995/36 of
3 March 1995 on the independence and impartiality of the judiciary,
jurors and assessors and the independence of lawyers, 1/

      Welcoming further the important work of the Commission on Crime
Prevention and Criminal Justice in the field of human rights in the
administration of justice, as reflected, inter alia, in Economic and
Social Council resolution 1995/13 on United Nations standards and
norms in crime prevention and criminal justice and resolution 1995/15
on technical cooperation and interregional advisory services in crime
prevention and criminal justice, of 24 July 1995,

      Emphasizing the importance of coordinating the activities in this
field carried out under the responsibility of the Commission on Human
Rights with those under the responsibility of the Commission on Crime
Prevention and Criminal Justice,

      Noting that many human rights violations in the administration of
justice are specifically or primarily directed against women and that
the identification and reporting of those violations demand special
vigilance,

      Aware of the specific situation of children and juveniles in
detention and their special needs while deprived of their liberty, in
particular their vulnerability to various forms of abuse, injustice
and humiliation,

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

      2.    Acknowledges that the administration of justice, including
law enforcement and prosecutorial agencies and, especially, an
independent judiciary and legal profession in full conformity with
applicable standards contained in international human rights
instruments, are essential to the full and non-discriminatory
realization of human rights and indispensable to democratization
processes and sustainable development;

      3.    Once again reiterates its call to all Member States to spare
no effort in providing for effective legislative and other mechanisms
and procedures, as well as adequate resources, to ensure full
implementation of those standards;

      4.    Appeals to Governments to include in their national
development plans the administration of justice as an integral part of
the development process and to allocate adequate resources for the
provision of legal-aid services with a view to the promotion and
protection of human rights;

      5.    Invites Governments to provide training in human rights in
the administration of justice, including juvenile justice, to all
judges, lawyers, prosecutors, social workers and other professionals
concerned, including police and immigration officers;

      6.    Encourages States to make use of technical assistance
offered by the United Nations programmes of advisory services and
technical assistance, in order to strengthen national capacities and
infrastructures in the field of the administration of justice;

      7.    Urges the Secretary-General to consider favourably requests
by States for assistance in the field of the administration of justice
and to strengthen system-wide coordination in this field, in
particular between the United Nations programme of advisory services
and technical assistance in the field of human rights and the
technical cooperation and advisory services of the United Nations
crime prevention and criminal justice programme;

      8.    Invites the international community to respond favourably to
requests for financial and technical assistance for the enhancement
and strengthening of the administration of justice, with a view to
ensuring the promotion and protection of human rights in the
administration of justice;

      9.    Calls upon special rapporteurs, special representatives and
working groups of the Commission on Human Rights to continue to give
special attention to questions relating to the effective protection of
human rights in the administration of justice and to provide, wherever
appropriate, specific recommendations in this regard, including
proposals for concrete measures of advisory services and technical
assistance;

      10.   Acknowledges the important role of the regional commissions,
specialized agencies and United Nations institutes in the area of
human rights and crime prevention and criminal justice, and of other
organizations of the United Nations system, as well as
intergovernmental and non-governmental organizations, including
national professional associations concerned with promoting United
Nations standards in this field;

      11.   Invites the Commission on Human Rights and the Commission on
Crime Prevention and Criminal Justice to coordinate closely their
activities relating to the administration of justice;

      12.   Decides to consider the question of human rights in the
administration of justice at its fifty-second session under the item
entitled "Human rights questions".


                                                          99th plenary meeting
                                                              22 December 1995


                                     Notes

1/          See Official Records of the Economic and Social Council,
1995, Supplement No. 3 and corrigenda (E/1995/23 and Corr.1 and 2),
chap. II, sect. A.

2/          Resolution 217 A (III).


3/          See resolution 2200 A (XXI), annex, and resolution 44/128,
annex.

4/          Resolution 39/46, annex.

5/          Resolution 2106 A (XX), annex.

6/          Resolution 44/25, annex.

7/          Resolution 34/180, annex.

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