A/HRC/10/29
United Nations for the rule of law (A/61/636), his guidance notes on a United Nations
approach to rule of law assistance and on the United Nations approach to justice for
children,
Noting with interest the relevant work of the United Nations Office on Drugs and
Crime in the administration of justice,
Noting with satisfaction the work of the Interagency Panel on Juvenile Justice and
its members, including the United Nations Children’s Fund, the Office of the United
Nations High Commissioner for Human Rights, the United Nations Office on Drugs and
Crime, the United Nations Interregional Crime and Justice Research Institute, the United
Nations Development Programme, the Department of Peacekeeping Operations, the
Committee on the Rights of the Child and various non-governmental organizations, in
particular their coordination in providing technical advice and assistance in juvenile justice,
and the active participation of civil society in its respective work,
Mindful of the importance of ensuring respect for the rule of law and human rights in
the administration of justice, in particular in post-conflict situations, as a crucial
contribution to building peace and justice,
Reaffirming that an independent and impartial judiciary, an independent legal
profession and the integrity of the judicial system are essential prerequisites for the
protection of human rights and for ensuring that there is no discrimination in the
administration of justice,
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 various forms of 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,
Recalling that the best interests of the child should also be a primary consideration
in relation to the question of whether and how long children of imprisoned mothers should
stay with them in prison, and emphasizing the responsibility of the State to provide
adequate care for women in prison and their children,
1.
Welcomes the latest report of the Secretary-General submitted to the Council
on human rights in the administration of justice, including juvenile justice (A/HRC/4/102);
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 Member 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
8
GE.09-17451
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