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A_RES_65_213 - Human Rights in the Administration of Justice

A_RES_65_213 - Human Rights in the Administration of Justice

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Published by: :Nanya-Ahk:Heru:Eil(C)(R)TM on Sep 06, 2012
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United Nations
General Assembly
Distr.: General1 April 2011
Sixty-fifth session
Agenda item 68 (
Please recycle
Resolution adopted by the General Assembly
on the report of the Third Committee (A/65/456/Add.2 (PartII))
65/213.Human rights in the administration of justice
The General Assembly
 Bearing in mind 
the principles embodied in articles3, 5, 8, 9 and 10 of theUniversal Declaration of Human Rights
and the relevant provisions of theInternational Covenant on Civil and Political Rights and the Optional Protocolsthereto,
in particular articles6 and 10 of the Covenant, as well asall other relevantinternational treaties,
all the resolutions of the General Assembly, the Human RightsCouncil, the Commission on Human Rights and the Economic and Social Councilthat are relevant to the subject of human rights in the administration of justice,including General Assembly resolutions 60/159 of 16December 2005 and 62/158 of 18December 2007, Human Rights Council resolution 10/2 of 25March 2009
andEconomic and Social Council resolution 2009/26 of 30July2009,
Calling attention
to the numerous international standards in the field of theadministration of justice,
the United Nations Rules for the Treatment of Women Prisonersand Non-custodial Measures for Women Offenders (the Bangkok Rules)
as a recentdevelopment recommended for due consideration,
Welcoming also
the Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World, adopted at the Twelfth United Nations Congresson Crime Prevention and Criminal Justice,held in Salvador, Brazil, from 12 to19April 2010,
Resolution 217A(III).
See resolution 2200A(XXI), annex, and resolution 44/128, annex.
Official Records of the General Assembly, Sixty-fourth Session, Supplement No.53
(A/64/53),chap.II, sect.A.
Resolution 65/229, annex.
Resolution 65/230, annex.
the efforts made bythe Secretary-General to improve thecoordination of United Nations activities in the field of the administration of justice,the rule of lawand juvenile justice,
 Noting with appreciation
the important work on the administration of justiceof the United Nations Office on Drugs and Crime, the Office of the United NationsHigh Commissioner for Human Rights and the United Nations Children’s Fund,
 Noting with satisfaction
the work of the InteragencyPanel on Juvenile Justiceand of its members, in particular their coordination in providing technical adviceand assistance in juvenile justice, and the active participation of civil society in their respective work,
that the independence and impartialityof the judiciaryand theintegrityof the judicial system as well as an independent legal profession areessential prerequisites for the protection of human rights, the rule of law, goodgovernance and democracy, as well as for ensuring that there is no discrimination inthe administration of justice, and should therefore be respected in all circumstances,
that every State should provide an effective framework of remediesto redress human rights grievances or violations,
that the right to access to justice for all forms an important basisfor strengthening the rule of law through the administration of justice,
of the importance of ensuring respect for the rule of law and humanrights in the administration of justice as a crucial contribution to building peace and justice and ending impunity,
of the need for special vigilance with regard to the specific situation of children, juveniles and women in the administration of justice, in particular whiletheyare deprived of their liberty, and their vulnerabilitytovarious forms oviolence, abuse, injustice and humiliation,
that the best interests of the child shall be a primaryconsiderationin all decisions concerning the child in the administration of justice, including inrelation to pretrial measures, as well as being an important consideration in allmatters concerning the child related to sentencing of his or her parents, or, whereapplicable, legal guardians or primarycaregivers,1.
Takes note with appreciation
of the most recent report submitted bytheSecretary-General to the Human Rights Council on human rights in theadministration of justice, including juvenile justice,
emphasizing, inter alia, that theadministration of justice extends beyond the criminal justice system to other meansof administering justice;2.
the importance of the full and effective implementation of allUnited Nations standards on human rights in the administration of justice;3.
Reiterates its call 
to all Member States to spare no effort in providing for effective legislative and other mechanisms and procedures, as well as adequateresources, to ensure the full implementation of those standards;
States to make use of technical assistance offered by the relevantUnited Nations programmes in order to strengthen national capacities andinfrastructures in the field of the administration of justice;5.
toGovernments to include in their national development plansthe administration of justice as an integral part of the development process and toallocate adequate resources for the provision of legal aid services with a view to promoting and protecting human rights, and invites the international communitytorespond favourablytorequests for financial and technical assistance for theenhancement and strengthening of the administration of justice;6.
the special need for national capacity-building in the field of theadministration of justice, in particular through reform of the judiciary, the policeand the penal system, as well as juvenile justice reform, in order to establish andmaintain stable societies and the rule of law in post-conflict situations, and in thiscontext welcomes the role of the Office of the United Nations High Commissioner for Human Rights in supporting the establishment and functioning of transitional justice mechanisms in post-conflict situations;7.
that States must ensure that anymeasure taken to combatterrorism, including in the administration of justice, complies with their obligationsunder international law, in particular international human rights, refugee andhumanitarian law;8.
Notes with appreciation
the decisionto establish an open-endedintergovernmental expert group to exchange information on best practices, as wellas on national legislation and existing international law, and on the revision of existing United Nations standard minimum rules for the treatment of prisoners sothat theyreflect recent advances in correctional science and best practices, with aview to making recommendations to the Commission on Crime Prevention andCriminal Justice on possible next steps, and in this regard invites the expert group to benefit from the expertise of the United Nations Office on Drugs and Crime andalso of the Office of the United Nations High Commissioner for Human Rights andother relevant stakeholders;9.
States to endeavour to reduce, where appropriate, pretrialdetention, inter alia,byadopting legislative and administrative measures and policies on its preconditions, limitations, duration and alternatives and bytakingmeasures aimed at the implementation of existing legislation,as well as byensuringaccess to justice and legal advice and assistance;10.
Also encourages
States to paydue attention to the United Nations Rulesfor the Treatment of Women Prisoners and Non-custodial Measures for WomenOffenders (the Bangkok Rules)
when developing and implementing relevantlegislation, procedures, policies and action plans, and invites relevant special procedure mandate holders, the Office of the United Nations High Commissioner for Human Rights, the United Nations Office on Drugs and Crime and all other relevant organizations to take these rules into consideration in their activities;11.
the importance of paying greater attention to the impact of theimprisonment of parents on their children, while noting with interest the upcomingdayof general discussion on the theme “The situation of children of prisoners”,to be organized in 2011 by the Committee on the Rights of the Child;12.
Calls upon
States to identifyand promote good practices in relation tothe needs and physical, emotional, social and psychological development of babiesand children affected byparental detention and imprisonment, and emphasizes that,

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