Human rights in the administration of justice
A/RES/73/177
Representative of the Secretary-General on Violence against Children and the United
Nations Children’s Fund, and the important recommendations that have been put
forward in this regard,
Noting with satisfaction the work of the Interagency Panel on Juvenile Justice
and of its members,
Encouraging continued regional and cross-regional efforts, the sharing of best
practices and the provision of technical assistance in the field of juvenile justice, and
noting in this regard the World Congress on Justice for Childre n, held in Paris from
28 to 30 May 2018,
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 and to challenge the law fulness of
detention before a court,
Emphasizing that the right to access to justice for all, which could include access
to legal aid, forms an important basis for strengthening the rule of law through the
administration of justice,
Underlining the importance of implementing the 2030 Agenda for Sustainable
Development, 21 and recognizing the role of the relevant Sustainable Development
Goals for eliminating discrimination in the administration of justice,
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,
Emphasizing that the penitentiary system should provide the possibility of
reform and social rehabilitation of the offender in all appropriate cases, and that
punishment should be dealt with in the larger framework of a criminal justice system
that provides the possibility of reinsertion and reintegration of the offender into
society,
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 self-supporting
life upon their return to society,
Underlining that, where persons are in vulnerable situations or marginalized,
prejudice and discrimination in the administration of justice may result in their
overincarceration and overrepresentation throughout the criminal justice system, and
recognizing the need for States to take measures, within the justice system,
particularly the criminal justice system, to prevent discrimination, inter alia, against
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18-22273
Resolution 70/1.
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