A/HRC/14/35
8.
The integration of administration of justice in national development
plans and the provision of financial and technical assistance by States
for the enhancement and strengthening of human rights in the
administration of justice
42.
The links between development processes and the protection of human rights in the
administration of justice was recognized by the Human Rights Council in resolution 10/2,
where it invited governments to include in their national development plans the
administration of justice as an integral part of the development process.
43.
The Republic of Moldova reported that its National Development Strategy for 2008–
2011 calls for the strengthening of human rights guarantees in juvenile justice, including
improving the legislative framework, streamlining proceedings while increasing procedural
guarantees and improving infrastructure. Furthermore, a strategy for improving the judicial
system of the country was adopted by Parliament in 2007. Juvenile justice features among
the nine components of the strategy, and includes addressing children both as victims of
crime, and as the perpetrators. Moldova also reported a number of administrative reforms,
including a 2004 decision that each trial court appoint at least one judge to handle juvenile
cases, and each prosecutor’s office to similarly appoint a prosecutor to deal with juvenile
cases, a development that has shown positive results. More recently however, the global
financial crisis has resulted in reduced allocations to all government agencies, including
those involved in the administration of justice. Examples of consequences include an
inability to reimburse expenses of probation officers. However, the Government reports that
improvements in the administration of justice continue to be made, albeit at a slower pace.
44.
Uruguay reported a significant increase in the allocation of State funds for the justice
system, with an almost fivefold increase from 2006 to 2009. Mexico drew attention to the
budgetary allocations flowing from the implementation of constitutional reforms on
security and justice, including stronger fair-trial guarantees, the streamlining of criminal
proceedings, mechanisms for alternative dispute resolution, and reparation for victims of a
crime. The reforms are expected to be implemented over a period of eight years.
45.
Slovakia noted that, while the country has not adopted a national development plan,
the enhancement and strengthening of human rights in the administration of justice are the
responsibility of the Ministry of Justice of the Slovak Republic and the Corps of Prison and
Court Guard, acting under the Constitution, in particular the chapter on human rights and
fundamental freedoms.
III. Conclusions
46.
A number of developments at the national level that illustrate States’ efforts to
ensure the full and effective implementation of all human rights in the administration
of justice are described in the present report. The developments reported place a
particular emphasis on juvenile justice and the detention of women, children and
mothers. Although representing only a small sample of activities across Member
States on the issues raised in resolution 10/2, several common approaches arise. One is
the grounding of national administration of justice regimes in international and
regional human rights standards. This is reflected, for example, in the national legal
requirement reported by all countries that men be separated from women in
detention, and children from adults. The responding countries also share a concern
that the detention of children be an approach of last resort (in accordance with the
Convention on the Rights of the Child) and stress the importance of providing a
means of dealing with juvenile crime outside of the formal criminal justice system.
GE.10-13056
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