Last Updated: Friday, 19 May 2023, 07:24 GMT

Human rights in the administration of justice.

Publisher UN Commission on Human Rights
Author UN Commission on Human Rights (47th sess. : 1991 : Geneva)
Publication Date 5 March 1991
Citation / Document Symbol E/CN.4/RES/1991/34
Reference 47
Cite as UN Commission on Human Rights, Human rights in the administration of justice., 5 March 1991, E/CN.4/RES/1991/34, available at: https://www.refworld.org/docid/3b00f2273b.html [accessed 23 May 2023]

1991/34. Human rights in the administration of justice

The Commission on Human Rights,

Guided by the principles embodied in articles 3, 5, 9, 10 and 11 of the Universal Declaration of Human Rights, as well as the relevant provisions of the International Covenant on Civil and Political Rights, in particular article 6, which explicitly states that no one shall be arbitrarily deprived of his life,

Guided also by the relevant principles embodied in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and in the International Convention on the Elimination of All Forms of Racial Discrimination,

Reaffirming the numerous international instruments concerning the administration of justice which have been adopted by the General Assembly, including the Standard Minimum Rules for the Treatment of Prisoners (adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders), the Code of Conduct for Law Enforcement Officials (General Assembly resolution 34/169 , annex), the Basic Principles on the Independence of the Judiciary (adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders), the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (General Assembly resolution 40/34 , annex), the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (General Assembly resolution 43/173 , annex), and the Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (General Assembly resolution 37/194 , annex),

Calling attention to the Basic Principles on the Role of Lawyers, the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Guidelines on the Role of Prosecutors, the Basic Principles for the Treatment of Prisoners, the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, unanimously adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (see A/CONF.144/28),

Calling attention also to the Model Treaty on the Transfer of Supervision of Offenders Conditionally Sentenced or Conditionally Released, adopted unanimously by the Eighth Congress,

Aware of the opportunity offered to States parties to the International Covenant on Civil and Political Rights, if they so wish, to become States parties to its Optional Protocols,

Mindful of the prohibition under article 6 of the International Covenant on Civil and Political Rights of the imposition of the death penalty for crimes committed by persons below 18 years of age,

Noting that the United Nations system continues to give special attention to the elaboration of standards in this field, as mandated by the Economic and Social Council in its resolution 1986/10 of 21 May 1986,

Mindful also of Economic and Social Council resolution 1990/21 of 24 May 1990 on the implementation of United Nations standards and norms in crime prevention and criminal justice,

Expressing the need for further intensified cooperation between the Centre for Human Rights and the Centre for Social Development and Humanitarian Affairs of the Secretariat regarding human rights in the administration of justice, and welcoming in this regard the suggestion by the Working Group on Detention of the Sub-Commission on Prevention of Discrimination and Protection of Minorities that the Secretary-General invite a representative of the Centre for Social Development and Humanitarian Affairs to speak with the group (see E/CN.4/Sub.2/1990/32, para. 29),

Mindful further of the principles contained in General Assembly resolution 41/120 of 4 December 1986 on standard-setting in the field of human rights,

Guided by General Assembly resolution 45/166 of 18 December 1990 on human rights in the administration of justice,

Recalling its resolution 1990/81 of 7 March 1990,

1. Reaffirms the importance of the full and effective implementation of all United Nations standards on human rights in the administration of justice;

2. Reiterates once again its call upon all Member States to spare no effort in providing for effective legislative and other mechanisms and procedures as well as adequate resources to ensure more effective implementation of these standards, taking into account the recommendations of the General Assembly in its resolution 43/153 of 8 December 1988, for the development of national strategies for this purpose;

3. Recognizes the important role that non-governmental organizations, including professional associations of lawyers and judges, can play in promoting human rights in the administration of justice;

4. Again calls upon its subsidiary bodies, including its special rapporteurs and working groups, to give special attention to questions relating to the effective protection of human rights in the administration of justice, in particular with regard to unacknowledged detention of persons, and to provide, wherever appropriate, specific recommendations in this regard, including proposals for possible concrete measures under advisory services programmes;

5. Stresses the desirability of providing States, at their request, with continued assistance in the field of the administration of justice, in particular under United Nations programmes of advisory services and technical assistance;

6. Emphasizes the importance of appropriate education and public information programmes in the field of human rights which would be geared particularly to those responsible for the administration of justice, and requests the Secretary-General to provide for appropriate action within the framework of the World Public Information Campaign for Human Rights;

7. Takes note with appreciation of the recommendations made by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders relevant to human rights in the field of the administration of justice (see A/CONF.144/28);

8. Requests the Secretary-General to establish a consolidated list of provisions in the various United Nations standards relating to human rights in the administration of justice with a view to drafting model texts for national legislation;

9. Invites the Sub-Commission on Prevention of Discrimination and Protection of Minorities, on the basis of this consolidated list:

(a) To study the implementation of United Nations norms and standards in this field;

(b) To identify problems that may impinge on the effective implementation of these standards and norms;

(c) To recommend viable solutions with action-oriented proposals to the Commission;

(d) To take the necessary action with a view to elaborating model texts for national legislation for the effective implementation of standards relating to human rights in the administration of justice;

(e) To consider the question of the effectiveness of habeas corpus and similar remedies during states of emergency and to formulate suggestions thereon;

10. Requests the Sub-Commission to report to the Commission at forty-eighth session on the implementation of the present resolution;

11. Invites the Secretary-General to coordinate these activities of the Sub-Commission with the relevant activities of the Committee on Crime Prevention and Control, and requests the Secretary-General to invite a representative of the Centre for Social Development and Humanitarian Affairs to interchange ideas with the Working Group on Detention of the Sub-Commission;

12. Decides to consider the question of human rights in the administration of justice at its forty-eighth session under the agenda item "Question of the human rights of all persons subjected to any form of detention or imprisonment".

52 d meeting
5 March 1991
[Adopted without a vote. See chap. X.]

Search Refworld