A/HRC/14/34 I. Introduction 1. The Human Rights Council, in its resolution 10/2, human rights in the administration of justice, in particular juvenile justice, requested the Secretary-General to submit a report to the Council on the latest developments, challenges and good practices in human rights in the administration of justice, including juvenile justice and conditions for women and children in detention, and in the activities undertaken by the United Nations system as a whole. The present report responds to that request, and is the first such report requested by the Council. An earlier report on the topic (A/HRC/4/102) was presented to the Council at its fourth session on the basis of previous requests made by the Commission on Human Rights (most recently in resolution 2004/43), and decision 2/102 of the Human Rights Council. 2. The Council also has before it a report of the High Commissioner on the implementation of resolution 10/2, as requested in paragraph 19 of the resolution. The High Commissioner’s report (A/HRC/14/35 and Add.1) focuses on implementation of the resolution at the national level, and is based on information received from Member States. The present report should be read in conjunction with the report of the High Commissioner to provide the most complete contemporary picture of human rights and the administration of justice. II. Human rights in the administration of justice 3. The promotion and protection of human rights in and through the administration of justice has been a matter of concern of the United Nations since the Organization’s inception. Key human rights relevant to the administration of justice were set down in the Universal Declaration of Human Rights, in particular in article 3 (the right to life, liberty and security of person), article 5 (the prohibition of torture and cruel, inhuman or degrading treatment or punishment), article 6 (the right to recognition everywhere as a person before the law), article 7 (equality before the law), article 8 (the right to an effective remedy), article 9 (prohibition on arbitrary arrest or detention), article 10 (the right to a fair trial), and article 11 (presumption of innocence and non-retroactivity).1 These rights found legally binding expression in the subsequent human rights treaties adopted by the General Assembly, in particular the International Covenant on Civil and Political Rights, as well as a number of other texts giving detailed guidance on the implementation of human rights guarantees in the administration of justice, such as the Standard Minimum Rules for the Treatment of Prisoners, approved by the Economic and Social Council in 1957. 4. A consideration of the state of protection of human rights in the administration of justice has remained a preoccupation of the United Nations in the decades since, with periodic resolutions on the issue adopted by the General Assembly2 and the Commission on Human Rights.3 In its most recent resolution on human rights in the administration of justice, the General Assembly invited the Human Rights Council to continue consideration of the topic. The work of the Commission on Human Rights was further developed by the 1 2 3 GE.10-13137 See also preambular paragraphs of successive resolutions of the General Assembly, for example General Assembly resolution 60/159 of 16 December 2005. See for example Human Rights in the Administration of Justice, General Assembly resolution 2858 (XXVI), 20 December 1971. Most recently in Commission on Human Rights resolution 2004/43 and Human Rights Council resolution 10/2. 3