A/RES/73/177
Human rights in the administration of justice
16. Urges States to endeavour to reduce, where appropriate, pretrial detention,
which should be a measure of last resort and for as short a period as possible, inter
alia, by adopting legislative and administrative measures and policies on its
preconditions, limitations, duration and alternatives and by taking measures aimed at
the implementation of existing legislation, as well as by ensuring access to justice and
legal advice and assistance, which could include legal aid schemes;
17. Encourages States to address overcrowding in detention facilities by
taking effective measures, including through enhancing the availability and use of
alternatives to pretrial detention and custodial sentences, bearing in mind the United
Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) 24
and the United Nations Rules for the Treatment of Women Priso ners and
Non-custodial Measures for Women Offenders (the Bangkok Rules), 25 access to legal
aid, mechanisms for crime prevention, early release and rehabilitation programmes
and the efficiency as well as the capacity of the criminal justice system and its
facilities, bearing in mind the United Nations Principles and Guidelines on Access to
Legal Aid in Criminal Justice Systems; 26
18. Urges States to take all necessary measures to prevent and eliminate
discrimination in law and in practice against persons who are in vulnerable situations
or marginalized in the administration of justice that may also result in their
overincarceration and overrepresentation throughout the criminal justice process;
19. Also urges States to pay special attention to the conditions of detention or
imprisonment of persons who are in vulnerable situations or marginalized and to their
particular needs;
20. Continues to encourage States to pay due attention to the Bangkok Rules
when developing and implementing relevant legislation, pr ocedures, policies and
action plans, and invites relevant special procedure mandate holders, the Office of the
High Commissioner, the United Nations Office on Drugs and Crime and all other
relevant organizations to take those rules into consideration in th eir activities;
21. Encourages States to review penal policies that can contribute to
overincarceration and overcrowding, in particular regarding so -called “zero-tolerance
policies”, such as the application of mandatory pretrial detention and mandatory
minimum sentences especially for minor and/or non-violent crimes;
22. Recognizes that all children and juveniles alleged as, accused of or
recognized as having infringed the law, particularly those who are deprived of their
liberty, as well as child victims and witnesses of crimes, should be treated in a manner
consistent with their rights, dignity and needs, in accordance with international law,
bearing in mind relevant international standards on human rights in the administration
of justice, taking into account also the age, gender, social circumstances and
development needs of such children, and calls upon States parties to the Convention
on the Rights of the Child 7 and States parties to the Optional Protocols to the
Convention 27 to abide strictly by their principles and respective provisions;
23. Reiterates the importance of the United Nations Model Strategies and
Practical Measures on the Elimination of Violence against Children in the Field of
Crime Prevention and Criminal Justice, 28 and urges States to consider applying them,
as appropriate, in the design, implementation, monitoring and evaluation of laws,
policies, programmes, budgets and mechanisms aimed at eliminating violence against
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27
28
6/9
Resolution 45/110, annex.
Resolution 65/229, annex.
Resolution 67/187, annex.
United Nations, Treaty Series, vols. 2171 and 2173, No. 27531; and resolution 66/138, annex.
Resolution 69/194, annex.
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