A/RES/71/188
Human rights in the administration of justice
Reaffirming that the best interests of the child shall be a primary consideration
in all actions concerning the child in the administration of justice, including in
relation to pretrial measures, as well as being an important consideration in all
matters concerning the child related to sentencing of his or her parents, or, where
applicable, legal guardians or primary caregivers,
1.
Takes note with appreciation of the most recent report of the SecretaryGeneral on human rights in the administration of justice; 19
2.
Also takes note with appreciation of the reports of the United Nations
High Commissioner for Human Rights on the protection of human rights of
juveniles deprived of their liberty, 20 on access to justice for children 21 and on the
human rights implications of overincarceration and overcrowding 22 and the joint
report of the Office of the United Nations High Commissioner for Human Rights,
the United Nations Office on Drugs and Crime and the Special Representative of the
Secretary-General on Violence against Children on prevention of and responses to
violence against children within the juvenile justice system, 23 submitted to the
Human Rights Council;
3.
Reaffirms the importance of the full and effective implementation of all
United Nations standards on human rights in the administration of justice, and
invites States to assess their national legislation and practice against those
standards;
4.
Invites States to make use of technical assistance offered by the relevant
United Nations entities and programmes in order to strengthen n ational capacities
and infrastructures in the field of the administration of justice;
5.
Appeals to Governments to include, in their national development plans,
the effective administration of justice and equal access to justice as an integral part
of the development process, with a view to promoting and protecting human rights,
and to allocate adequate resources for the provision of legal aid services, and invites
the international community to respond favourably to requests for financial and
technical assistance for the enhancement and strengthening of the administration of
justice;
6.
Stresses the special need for national capacity-building in the field of the
administration of justice, in particular through reform of the judiciary, the police and
the penal system, as well as juvenile justice reform, and through the encouragement
of independence, accountability and transparency in the judiciary, in order to
establish and maintain stable societies and the rule of law in post -conflict situations,
and welcomes the role of the Office of the High Commissioner in supporting the
establishment and functioning of transitional justice mechanisms in post -conflict
situations;
7.
Reaffirms that no one should be unlawfully or arbitrarily deprived of his
or her liberty, and notes the principles of necessity and proportionality in this
regard;
_______________
19
A/71/405.
A/HRC/21/26.
21
A/HRC/25/35 and Add.1 and A/HRC/27/25.
22
A/HRC/30/19.
23
A/HRC/21/25.
20
4/8