Human rights in the administration of justice
A/RES/71/188
Convinced that the independence and impartiality of the judiciary and the
integrity of the judicial system as well as an independent legal profession are
essential prerequisites for the protection of human rights, the rule of law, good
governance and democracy and for ensuring that there is no discrimination in the
administration of justice and should therefore be respected in all circumstances,
Recalling that every State should provide an effective framework of remedies
to redress human rights grievances or violations,
Emphasizing that the right to access to justice for all forms an important basis
for strengthening the rule of law through the administration of justice,
Welcoming the inclusion in Sustainable Development Goal 16, 18 on the promotion
of just, peaceful and inclusive societies, of the target to promote the rule of law at the
national and international levels and to ensure equal access to justice for all,
Mindful of the importance of ensuring respect for the rule of law and human
rights in the administration of justice as a crucial contribution to building peace and
justice and ending impunity,
Recognizing the importance of the principle that, except for those lawful
limitations that are demonstrably necessitated by the fact of incarceration, persons
deprived of their liberty shall retain their non -derogable human rights and all other
human rights and fundamental freedoms,
Concerned about the negative impact of overincarceration and overcrowding
on the enjoyment of human rights, and acknowledging that overincarceration
constitutes one of the major underlying causes of overcrowding,
Recalling that the social rehabilitation and reintegration of persons deprived of
their liberty shall be among the essential aims of the criminal justice system,
ensuring, as far as possible, that offenders are able to lead a law -abiding and selfsupporting life upon their return to society,
Recognizing the need for Governments to take measures, within the justice
system, particularly the criminal justice system, to prevent discrimination, inter alia,
against persons belonging to national or ethnic, religious and linguistic minorities
and to increase their effective participation within the sys tem,
Aware of the need for special vigilance with regard to the specific situation of
children, juveniles and women in the administration of justice, in particular while
they are deprived of their liberty, and their vulnerability to various forms of
violence, abuse, injustice and humiliation,
Reaffirming that children who are victims and witnesses of crime and violence
are particularly vulnerable and require special protection, assistance and support
appropriate to their age, level of maturity and needs, in order to prevent further
hardship and trauma that may result from their participation in the criminal justice
process,
Recognizing the specific situation and needs of children formerly associated
with armed forces or armed groups when accused of crimes under international law
allegedly committed while they were associated with armed forces or armed groups,
_______________
18
See resolution 70/1.
3/8