A/HRC/RES/29/6
or her own views freely in all matters affecting him or her, the views of the child being
given due weight in accordance with the age and maturity of the child,
Reaffirming that the best interests of the child shall be a primary consideration in all
decisions concerning the child in the administration of justice, including in relation to
pretrial measures, as well as being an important consideration in all matters concerning the
child with regard to the sentencing of his or her parents, or, where applicable, legal
guardians or primary caregivers,
Noting the special needs of children in situations of vulnerability who are in contact
with justice systems, who may require particular attention, protection and skills from the
professionals interacting with them, especially from lawyers, prosecutors and judges,
Reaffirming Human Rights Council resolution 26/7 of 26 June 2014, in which the
Council extended the mandate of the Special Rapporteur on the independence of judges and
lawyers for a period of three years, and acknowledging the importance of the mandate
holder’s ability to cooperate closely, within the framework of the mandate, with the Office
of the United Nations High Commissioner for Human Rights, including in the fields of
advisory services and technical cooperation, in the effort to guarantee the independence of
judges and lawyers,
1.
Calls upon all States to guarantee the independence of judges and lawyers
and the objectivity and impartiality of prosecutors, and their ability to perform their
functions accordingly, including by taking effective legislative, law enforcement and other
appropriate measures that will enable them to carry out their professional functions without
interference, harassment, threats or intimidation of any kind;
2.
Encourages States to promote diversity in the composition of the members of
the judiciary, including by taking into account a gender perspective and by promoting
actively the balanced representation of women and men from various segments of society at
all levels, and to ensure that the requirements for joining the judiciary and the selection
process thereof are non-discriminatory, public and transparent, based on objective criteria,
and guarantee the appointment of individuals of integrity and ability with appropriate
training and qualifications in law, based on individual merit and under equal working
conditions;
3.
Stresses that the term of office of judges, their independence, security,
adequate remuneration, conditions of service, pensions and age of retirement should be
adequately secured by law, that the security of tenure of judges is an essential guarantee of
the independence of the judiciary and that grounds for their removal must be explicit with
well-defined circumstances provided by law, involving reasons of incapacity or behaviour
that renders them unfit to discharge their functions, and that procedures upon which the
discipline, suspension or removal of a judge are based should comply with due process;
4.
Encourages States to put in place legal and policy frameworks conducive to
the development and reinforcement of a child-sensitive justice system, in line with their
commitments and obligations under international human rights instruments, in particular
the Convention on the Rights of the Child, and with principles and standards relating to
children, and stresses that the rights and best interests of the child should be taken into
account by judges, prosecutors and lawyers in the performance of their functions in all
matters concerning children;
5.
Also encourages States to develop, as appropriate, policies, procedures and
programmes in the area of restorative justice as part of a comprehensive justice system;
6.
Further encourages States to consider, in collaboration with relevant national
entities such as bar associations, associations of judges and prosecutors, and educational
institutions assisting the judiciary, developing guidance on issues such as gender, children,
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