A/HRC/44/47 offences, as well as special prosecutor’s offices for internal affairs to review the conduct of public officials in cases of possible improper practices. VI. Conclusions 80. There is evidence of the destructive effects of corruption on human rights and on institutional structures arising from concentration of power and a lack of transparency in public administration. Corruption also has a direct impact on States’ obligation to allocate the maximum available resources for the fulfilment of the economic, social and cultural rights of the population, affecting in particular the poorest sectors of society and children. 81. In all legal traditions, members of the public prosecution service, whether styled as prosecutors, attorneys or by any other title, are a key element of the criminal justice system and hold responsibilities that are critically important in the fight against corruption. Justice cannot be effectively administered if justice officials cannot act independently, impartially, objectively and with integrity, autonomy and neutrality in the performance of such a sensitive function that comes with a high level of responsibility. One of the priorities in building institutions and protecting human rights is to strengthen the independence of the judiciary and ensure that it can resist attempts by political authorities or corrupt forces to exert control over it. 82. The Convention is the fundamental universal legal and institutional instrument for addressing corruption and thereby contributing to the creation of conditions conducive to upholding human rights. Following its adoption in 2003, a rich and inexorable process of convergence and growing interaction began between the fight against corruption and protection for human rights. In essence, this has arisen first and foremost because a legitimate institutional framework that establishes respect for human rights and has independent judicial systems is vital in order to address corruption and its various manifestations in public institutions. 83. The independence and integrity of judges and prosecutors is one of the substantive aspects and, at the same time, a central and clear rule of the Convention. The viability of the fundamental rules of the Convention in crucial areas such as international judicial assistance and joint investigations would be seriously undermined if prosecution services lacked the independence and integrity that are essential to their domestic and international legitimacy. 84. A legitimate institutional framework that establishes respect for human rights and has independent judicial systems is vital in order to address corruption and its various manifestations in public institutions. In the context of the United Nations, both the Commission on Human Rights and, later, the Human Rights Council have played an active and central role in the converging spheres of human rights and the fight against corruption.53 VII. Recommendations 85. It is important to further promote and develop in the United Nations the convergence between human rights and the fight against corruption, taking into account the impact of corruption on the enjoyment of human rights. The complementarity of international legal frameworks in the areas of human rights and the fight against corruption must continue to be promoted and strengthened. 86. Irrespective of the legal or institutional model, fighting corruption must be one of the main priorities of all prosecution services, which must act independently and neutrally and adopt a human rights perspective and a focus on protecting victims and human rights defenders. 87. The responsibility to investigate, prosecute and, where appropriate, punish acts of corruption is derived both from national law and from international treaties, in particular 53 14 A/HRC/RES/21/13 and A/HRC/RES/35/25. GE.20-04343

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents