A/HRC/10/54
page 44
31.
To request OHCHR to prepare a report which would include NHRIs best practices as
emerged during the 9th international conference in strengthening the administration of
justice;
32.
To widely share this Declaration to relevant partners including members of UN human
rights bodies as well as the UN system;
General Guidelines
The State has the primary responsibility to protect, promote and respect human rights and ensure
that the administration of justice is in full compliance with both international and domestic
human rights obligations. The following are the main areas where NHRIs, through the exercise
of their mandate, working closely with partners, including the NGOs, may become involved in
order to strengthen the administration of justice:
NHRIs and the Judiciary and Access to Justice
33.
NHRIs should consider, in contributing to the promotion of the role of the judiciary in
promoting and protecting human rights, the following actions:
(a)
Role of NHRIs in Receiving Cases of Human Rights Violations and assisting
victims: complaints-handling in a sequential nature; i.e. NHRIs may handle
complaints submitted to them by a complainant and by settling the case through
conciliation and mediation, thereby relieving the existing case-load of courts;
Ensuring victims of human rights violations receive compensation, including
encouragement of the establishment of the fund for this purpose; Promoting equal
access to justice and assisting victims seeking redress with information on the law
and the legal system particularly in relation to marginalized or vulnerable groups as
well as migrants;
(b)
Seeking informal legal redress mechanisms through conciliation or through binding
decisions;
(c)
Providing Recommendations to strengthen the legal system and judiciary: Proposing
and contributing to legislative reforms to strengthen the judiciary (e.g. procedures
related to the level and appointment of prosecutors and judges and qualifying
lawyers; the independence of the judiciary and its capacity to adjudicate cases fairly
and competently); Advocating for strengthening of laws to improve the judicial or
criminal law system including enacting a law against torture where none exist;
Strengthening the compliance of informal and traditional justice systems with
international human rights standards by monitoring traditional justice mechanisms
and addressing all forms of discrimination both in the composition of traditional
justice tribunals, their procedures and in terms of substantive outcomes of cases;
(d)
Promoting adherence and compliance of the judiciary to international human rights
norms including through amicus and legal education: Increasing awareness and
knowledge by the judiciary of international human rights norms, standards and
practices and related jurisprudence, including through training, seminars, study tours,
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