Human Rights in the Administration of Justice

A/RES/79/172View PDF

Who created this mandate?

A Resolution of the General Assembly, under agenda item 71bHuman rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2024.

What else is in this group?

28 documents · 1972–2024

2024A/RES/79/172Human rights in the administration of justiceCompare with earlier document
2023A/RES/77/219Human rights in the administration of justiceCompare with earlier document
2020A/RES/75/185Human rights in the administration of justiceCompare with earlier document
2019A/RES/73/177Human rights in the administration of justiceCompare with earlier document
2017A/RES/71/188Human rights in the administration of justiceCompare with earlier document

This group bundles related documents that are not individually ordered.

Grouped automatically by matching titles within the same organ.

Who cites this mandate in the budget?

3 entities

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

5 topics

Administration of Justice Human Rights International Humanitarian Law Juvenile Justice Rules and Regulations

What does this mandate say?

51 operative paragraphs

Takes note with appreciation of the most recent report of the Secretary-General on human rights in the administration of justice, including on the application of digital technologies;

Recalls the report of the United Nations High Commissioner for Human Rights on violence, death and serious injury in situations of deprivation of liberty, as well as previous reports on human rights in the administration of justice submitted to the Human Rights Council;

Reaffirms the importance of the full and effective implementation of all United Nations standards on human rights in the administration of justice, and invites States to assess their national legislation and practice against those standards;

Invites States to make use of technical assistance offered by the relevant United Nations entities and programmes in order to strengthen national capacities and infrastructures in the field of the administration of justice;

Calls upon Member States and, where applicable, other stakeholders, such as the private sector:

To ensure that respect for human rights is incorporated into the conception, design, development, deployment, operation, use, evaluation and regulation of all new and emerging digital technologies used in the administration of justice, including by conducting human rights due diligence, including regular, comprehensive human rights impact assessments of digital technologies, including artificial intelligence, throughout their life cycle, including their conception, design, development, deployment, use, sale, procurement or operation, and notes in this regard the United Nations Interregional Crime and Justice Research Institute Toolkit for Responsible Artificial Intelligence Innovation in Law Enforcement;

To ensure that there are robust data protection laws aligned with the right to privacy where digital technologies and artificial intelligence are employed in the administration of justice;

To ensure the prevention of harm to individuals caused by artificial intelligence systems, and to refrain from or cease the use of artificial intelligence applications that are impossible to operate in compliance with international human rights law or that pose undue risks to the enjoyment of human rights, unless and until the adequate safeguards to protect human rights and fundamental freedoms are in place, in order to prevent the disproportionate negative impact that the use of these technologies may have on specific groups;

Acknowledges that the conception, design, use, deployment and further development of new and emerging technologies, such as those that involve artificial intelligence, may have an impact on human rights in the administration of justice, and that the risks to these rights can and should be avoided and minimized by adapting or adopting adequate regulation or other appropriate mechanisms, in accordance with applicable obligations under international human rights law, for the conception, design, development and deployment of new and emerging technologies, including artificial intelligence, by taking measures to ensure a safe, transparent, accountable, secure and high quality data infrastructure and by developing human rights-based auditing mechanisms and redress mechanisms and establishing human oversight;

Expresses concern that persons with disabilities may experience disproportionately high levels of unlawful and arbitrary deprivation of liberty, and recalls that persons with disabilities should not be deprived of their liberty unlawfully or arbitrarily, and that if persons with disabilities are deprived of their liberty through any process, they are, on an equal basis with others, entitled to guarantees in accordance with international human rights law, including by provision of reasonable accommodation;

Appeals to Governments to include, in their efforts to implement the 2030 Agenda for Sustainable Development and in their national development plans, the effective administration of justice and equal access to justice for all as an integral part of the development process, with a view to promoting and protecting human rights, and to allocate adequate resources for effective, fair, humane and accountable justice systems, including the provision of legal aid services, 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;

Reaffirms the importance of mainstreaming a gender perspective into the criminal justice system by promoting measures that address the specific needs of both offenders and victims, including the protection of women and girls from revictimization in criminal justice proceedings;

Urges States, bearing in mind national priorities, to ensure the full, equal and meaningful participation of women at all levels, including in institutions of governance and in the judicial system, and to secure their empowerment and full and equal access to justice without discrimination, including through taking legislative and practical measures to eliminate barriers, dismantle related stereotypes and ensure the equality of women and girls in the administration of justice and maximum protection for women and girls deprived of their liberty from all forms of violence;

Stresses the special need for national capacity-building in the field of the administration of justice, in particular through reform of the judiciary, the police and the penal system, as well as juvenile justice reform, and through the encouragement of independence, accessibility, accountability and transparency in the judiciary, in order to establish and maintain stable societies and the rule of law in post-conflict situations, and welcomes the role of the Office of the United Nations High Commissioner for Human Rights in supporting the establishment and functioning of transitional justice mechanisms in post-conflict situations;

Reaffirms that no one should be unlawfully or arbitrarily deprived of liberty, and notes that any deprivation should observe the principles of necessity and proportionality in this regard;

Calls upon States to apply individual criminal responsibility and to refrain from detaining persons based solely on their family ties with an alleged offender;

Also calls upon States to ensure that anyone who is deprived of liberty through arrest or detention has prompt access to a competent court with the effective power to determine the lawfulness of the detention and to order release if the detention or imprisonment is determined not to be lawful and prompt access to legal counsel, which could include legal aid schemes, in accordance with their international obligations and commitments;

Calls upon all States to consider establishing, maintaining or enhancing independent national mechanisms with the mandate to monitor all places of detention, including by making unannounced visits, and to hold private interviews without witnesses with all persons deprived of liberty, inter alia, in line with the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules);

Emphasizes the importance of States’ keeping under systematic review rules, instructions, methods and practices on interviewing, as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment under their jurisdiction, including by taking into account, as appropriate, the Principles on Effective Interviewing for Investigations and Information-Gathering (the Méndez Principles);

Calls upon States to ensure a proper file and data management system on prisoners that allows the tracking of the number of persons deprived of their liberty, their detention period, offences or grounds for detention, and developments regarding the prison population, and encourages States to collect other up-to-date, comprehensive and disaggregated data, including on women’s and children’s needs and challenges in accessing justice, that allow for the identification and prevention of discrimination in the administration of justice and overincarceration;

Affirms that States must ensure that any measure taken to combat terrorism, including in the administration of justice, complies with their obligations under international law, in particular international human rights, refugee and humanitarian law;

Recalls the absolute prohibition of torture in international law, and calls upon States to address and prevent the detention conditions, treatment and punishment of persons deprived of their liberty, including in police custody, that amount to cruel, inhuman or degrading treatment or punishment;

Calls upon States to investigate promptly, effectively and impartially all alleged human rights violations suffered by persons deprived of their liberty, in particular cases involving death, torture and cruel, inhuman or degrading treatment or punishment, to provide effective remedy to the victims, in accordance with their international obligations and commitments, and to ensure that detention administrations fully cooperate with the investigating authority and preserve all evidence;

Urges States to endeavour to reduce, where appropriate, pretrial detention, which should be a measure of last resort and for as short a period as possible, inter alia, by adopting legislative and administrative measures and policies on its preconditions, limitations, duration and alternatives and by taking measures aimed at the implementation of existing legislation, as well as by ensuring access to justice and legal advice and assistance, which could include legal aid schemes, while recognizing that electronic monitoring should, where possible, only be used as an alternative to pretrial detention when grounds for detention exist, and ensure respect for human rights in any use of such monitoring;

Encourages States to address overcrowding in detention facilities by taking effective measures, including through enhancing the availability and use of alternatives to pretrial detention and custodial sentences, bearing in mind the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), access to legal aid, mechanisms for crime prevention, early release and rehabilitation programmes and the efficiency as well as the capacity of the criminal justice system and its facilities, bearing in mind the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems;

Urges States to take all measures, including those related to the use of digital technologies, necessary to prevent and eliminate discrimination in law and in practice against persons who are in vulnerable situations or marginalized in the administration of justice that may also result in their overincarceration and overrepresentation throughout the criminal justice process;

Also urges States to pay special attention to the conditions of detention or imprisonment of persons who are in vulnerable situations or marginalized and to their particular needs;

Continues to encourage States to pay due attention to the Bangkok Rules when developing and implementing relevant legislation, procedures, policies and action plans, and invites relevant special procedure mandate holders, the Office of the High Commissioner, the United Nations Office on Drugs and Crime and all other relevant organizations to take those rules into consideration in their activities;

Encourages States to review penal policies that can contribute to overincarceration and overcrowding, in particular regarding so-called “zero-tolerance policies”, such as the application of mandatory pretrial detention and mandatory minimum sentences, especially for minor and/or non-violent crimes;

Recognizes that all children and juveniles alleged as, accused of or recognized as having infringed the law, particularly those who are deprived of their liberty, as well as child victims and witnesses of crimes, should be treated in a manner consistent with their rights, dignity and needs, in accordance with international law, bearing in mind relevant international standards on human rights in the administration of justice, taking into account also the age, gender, social circumstances and development needs of such children, and calls upon States parties to the Convention on the Rights of the Child and States parties to the Optional Protocols to the Convention to abide strictly by their principles and respective provisions;

Recalls the global study on children deprived of liberty and the leadership of the Special Representative of the Secretary-General on Violence against Children in the follow-up to the study in cooperation with the other entities in the United Nations inter-agency task force and the non-governmental organization panel, and in this regard encourages Member States, United Nations agencies, funds, programmes and offices, as well as other relevant stakeholders, to consider the follow-up to and recommendations of the global study;

Encourages States that have not yet integrated children’s issues into their overall rule of law efforts to do so and to develop and implement a comprehensive and coordinated justice policy for children that prioritizes prevention and early intervention to prevent and address juvenile delinquency and to address risks and causes for children’s contact with the juvenile and/or criminal justice system by providing necessary support through child protection systems that encompass social protection, education and physical and mental health, as well as with a view to promoting, inter alia, the use of alternative measures, such as diversion and restorative justice, in cases where a child commits a crime, and complying with the principle that deprivation of liberty of children should be used only as a measure of last resort and for the shortest appropriate period of time, as well as to avoid, wherever possible, the use of pretrial detention for children;

Stresses the importance of including reintegration strategies for former child offenders in justice policies, in particular through the provision of gender-sensitive education and life skills programmes, as well as treatment and services for substance abuse and mental health needs, in line with relevant commitments and obligations under international human rights law, with a view to their assuming a constructive role in society;

Urges States to take all necessary and effective measures, including legal reform where appropriate, to prevent and respond to all forms of abuse, exploitation and violence against children, including sexual and gender-based violence, within the justice system, including within the informal justice system, where it exists, and to consider applying the United Nations Model Strategies and Practical Measures on the Elimination of Violence against Children in the Field of Crime Prevention and Criminal Justice, as appropriate, in the design, implementation, monitoring and evaluation of laws, policies, programmes, budgets and mechanisms aimed at eliminating violence against children in the field of crime prevention and criminal justice, and encourages States to support and to benefit, as appropriate, from the programme proposed by the United Nations Office on Drugs and Crime and the United Nations Children’s Fund in this regard;

Also urges States to ensure that, under their legislation and practice, neither capital punishment nor life imprisonment without the possibility of release nor corporal punishment is imposed for offences committed by persons under 18 years of age, and encourages States to consider repealing all other forms of life imprisonment for offences committed by persons under 18 years of age;

Encourages States not to set the minimum age of criminal responsibility at too low an age level, bearing in mind the emotional, mental and intellectual maturity of the child, and in this respect notes the recommendation of the Committee on the Rights of the Child to increase the minimum age of criminal responsibility to at least 14 years as the absolute minimum age, and to continue to increase it to a higher age level;

Also encourages States to gather relevant information, including through data collection and research, concerning children within their criminal justice systems so as to improve their administration of justice, while being mindful of the children’s right to privacy, with full respect for relevant international human rights instruments, and bearing in mind applicable international standards on human rights in the administration of justice;

Stresses the importance of paying greater attention to the impact on children of imprisonment or other sentences imposed upon their parents, while noting with interest the convening of and reports on all relevant meetings and panel discussions on these issues held by the Human Rights Council;

Calls upon States to take effective and appropriate measures to remove all barriers preventing persons with disabilities from having effective access to justice on an equal basis with others and without discrimination;

Encourages States to ensure equal access to justice for persons with disabilities through the provision of accessible information and communications, physical accessibility to relevant premises, gender- and age-appropriate accommodations that take into account their will and legal counselling, and, where applicable, free or subsidized and accessible legal aid, and to deploy efforts to enable the meaningful and equal participation of persons with disabilities throughout all stages of the judicial process;

Calls upon States to ensure effective access to justice for persons with disabilities when investigating, prosecuting and punishing persons responsible for human rights violations and abuses committed against them, including by providing effective remedies, taking into consideration, on an equal basis with others, the specific circumstances of the person with disabilities, as well as by implementing systemic changes, legal and policy reforms and capacity-building where needed in order to ensure non-repetition;

Invites States to provide for tailored and interdisciplinary human rights training, including anti-racist, anti-discriminatory, multicultural, disability-inclusive, gender-sensitive and child rights training, as well as on the implications of the use of digital technologies, including artificial intelligence and biometric technologies, in the field of criminal justice in this regard, to all judges, lawyers, prosecutors, social workers, immigration, corrections and police officers and other professionals concerned, including personnel deployed in international field presences;

Also invites States, upon their request, to benefit from technical advice and assistance provided by the relevant United Nations entities and programmes in order to strengthen national capacities and infrastructures in the field of the administration of justice;

Invites the Office of the High Commissioner and the United Nations Office on Drugs and Crime to reinforce their technical assistance to States, upon request and in accordance with their respective mandates, to strengthen the national capacity-building of States in the field of the administration of justice, in particular in post-conflict situations and in relation to the application of digital technologies, and in this context to strengthen cooperation with relevant United Nations entities;

Underlines the importance of rebuilding and strengthening structures for the administration of justice and of respecting the rule of law and human rights, including in post-conflict situations, as a crucial contribution to building peace and justice and ending impunity, and in this respect requests the Secretary-General to further streamline and strengthen system-wide coordination and coherence of programmes and activities of the relevant parts of the United Nations system, including through the Rule of Law Coordination and Resource Group chaired by the Deputy Secretary-General, the Rule of Law Unit in the Executive Office of the Secretary-General and the Global Focal Point for the Rule of Law;

Invites States, in the context of the universal periodic review mechanism and in their reports under international human rights treaties, as well as through their voluntary national reviews of progress in the implementation of the 2030 Agenda for Sustainable Development, to consider addressing the promotion and protection of human rights in the administration of justice;

Also invites States, when reviewing progress made in the implementation of the 2030 Agenda for Sustainable Development, to consider the possibility of looking into the causes and effects of overincarceration and overcrowding, including, where persons are in vulnerable situations or marginalized, with regard to non-discrimination and persons who are in vulnerable situations or marginalized in the administration of justice;

Invites relevant special procedure mandate holders of the Human Rights Council, as well as relevant treaty bodies, to give special attention to questions relating to the effective protection of human rights in the administration of justice, and to provide, wherever appropriate, specific recommendations in this regard, including proposals for advisory services and technical assistance measures;

Invites the United Nations Office on Drugs and Crime, in collaboration with the Office of the High Commissioner for Human Rights, to consider developing evidence-based guidance, based on respect for human rights and following consultations with Member States, on practical strategies to promote the responsible use of digital technologies in the administration of justice;

Requests the Secretary-General to submit to the General Assembly at its eighty-first session a report on the latest developments, challenges and good practices in human rights in the administration of justice, including, inter alia, on the latest developments, risks and required safeguards regarding the potential use of neurotechnology and other emerging technologies in the administration of justice, and on the activities undertaken by the United Nations system as a whole;

Decides to continue its consideration of the question of human rights in the administration of justice at its eighty-first session under the item entitled “Promotion and protection of human rights”.

Paragraph content is machine-extracted from UN documents. For authoritative content, please refer to the official UN document.

No headings found in this document.

Who created this mandate?

What else is in this group?

Who cites this mandate in the budget?

What subjects does this mandate have?

What does this mandate say?

Table of contents