A/HRC/RES/18/12
Recognizing the importance of the principle that, except for those lawful limitations
that are demonstrably necessitated by the fact of incarceration, persons deprived of their
liberty shall retain their non-derogable human rights and all other human rights and
fundamental freedoms,
Aware of the need for special vigilance with regard to the specific situation of
children, juveniles and women in the administration of justice, in particular while deprived
of their liberty, and their vulnerability to violence, abuse, injustice and humiliation,
Reaffirming that the best interests of the child must be a primary consideration in all
decisions concerning deprivation of liberty and, in particular, that depriving children and
juveniles of their liberty should be used only as a measure of last resort and for the shortest
appropriate period of time, in particular before trial, and the need to ensure that, if they are
arrested, detained or imprisoned, children should be separated from adults, to the greatest
extent feasible, unless it is considered in the child’s best interest not to do so,
Reaffirming also that the best interests of the child shall be an important
consideration in all matters concerning the child related to sentencing of his or her parents
or, where applicable, legal guardians or primary caregivers,
1.
Welcomes the latest reports of the Secretary-General submitted to the Human
Rights Council on human rights in the administration of justice, including juvenile justice;8
2.
Reaffirms the importance of the full and effective implementation of all
United Nations standards on human rights in the administration of justice;
3.
Calls upon States to spare no effort in providing for effective legislative,
judicial, social, educative and other relevant mechanisms and procedures, as well as
adequate resources, to ensure the full implementation of those standards, and invites them
to take into consideration the issue of human rights in the administration of justice in the
universal periodic review procedure;
4.
Invites Governments to include in their national development plans the
administration of justice as an integral part of the development process, and to allocate
adequate resources for the provision of legal aid services with a view to the promotion and
protection of human rights, and invites the international community to respond favourably
to requests for financial and technical assistance for the enhancement and strengthening of
the administration of justice;
5.
Stresses the special need for national capacity-building in the field of the
administration of justice, in particular to establish and maintain stable societies and the rule
of law in post-conflict situations, through reform of the judiciary, the police and the penal
system, as well as juvenile justice reform;
6.
Invites Governments to provide for training, including anti-racist,
multicultural and gender-sensitive and child rights training, in human rights in the
administration of justice, including juvenile justice, for all judges, lawyers, prosecutors,
social workers, immigration, correction officers and police officers and other professionals
working in the field of administration of justice;
7.
Encourages States to pay due attention to the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders when
developing and implementing relevant legislation, procedures, policies and practices, and
invites relevant special procedures mandate holders, the Office of the United Nations High
8
A/HRC/14/34 and 35.
3
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