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Handbook for Legislators on HIV/AIDS, Law and Human Rights
Topic: HIV/AIDS, Justice & Rule of Law Resource Type: Publications Author: IPU, UNAIDS Year: 1999 Language: English Sources: UN
Business and Corporate Social Responsibility
Children
Decent Work
Disability
Education
Environment / Climate Change
Food & Nutrition
Governance
Health
HIV/AIDS
Housing & Land & Property
Humanitarian & Emergency Settings
Indigenous Peoples
International Human Rights Mechanisms
Justice & Rule of Law
Migrants & Refugees & Internally Displaced Persons
Minorities
National Human Rights Institutions
Older Persons
Parliaments
Poverty Reduction
Water & Sanitation
Women & Gender
Children
Decent Work
Disability
Education
Environment / Climate Change
Food & Nutrition
Governance
Health
HIV/AIDS
Housing & Land & Property
Humanitarian & Emergency Settings
Indigenous Peoples
International Human Rights Mechanisms
Justice & Rule of Law
Migrants & Refugees & Internally Displaced Persons
Minorities
National Human Rights Institutions
Older Persons
Parliaments
Poverty Reduction
Water & Sanitation
Women & Gender
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Justice and Rule of Law
The section on justice aims to highlight practical linkages between the different components of the justice sector and the normative framework of human rights. Access to justice supports and is supported by, a human rights-based approach: access to justice is a fundamental right in and of itself as well as a key means to defend other rights. A human rights-based approach enhances accountability mechanisms and processes through which rights themselves are protected (e.g the justice system).
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- OHCHR Webpage: Rule of Law
- OHCHR Webpage: Transitional Justice
- OHCHR Webpage: International Law
- International Covenant on Civil and Political Rights
- International Covenant on Economic, Social and Cultural Rights
- Body of Principles for the Protection of all Persons under detention or imprisonment
- UN Working Group on Arbitrary Detention
- Special Rapporteur on the Independence of Judges and Lawyers
- Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment
- Committee against Torture
Justice and Rule of Law: Relevant International Standards
The United Nations works to support a rule of law framework at the national level: a Constitution or its equivalent, as the highest law of the land; clear and consistent legal framework, and implementation thereof; strong institutions of justice, governance, security and human rights that are well structured, financed, trained and equipped; transitional justice processes and mechanisms; and a public and civil society that contributes to strengthening the rule of law and holding public officials and institutions accountable. These are the norms, policies, institutions and processes that form the core of a society in which individuals feel safe and secure, where disputes are settled peacefully and effective redress is available for harm suffered, and where all who violate the law, including the State itself, are held to account.
Effective and independent justice and accountability mechanisms, established in accordance with international human rights standards, are vital to monitoring, investigating and redressing civil and political, as well as economic, social, and cultural human rights violations. A human rights approach calls for strengthening and expanding the mechanisms that people can use to demand accountability. These mechanisms may include internal disciplinary procedures, special parliamentary commissions, the media, and other legitimate means of demanding responsibility or obtaining redress. Accountability of non-state actors (e.g. private institutions and individuals) should also be strengthened.
The international legal framework provides normative protection for access to justice by providing:
- International obligations for states through human rights treaties and customary law;
- Other human rights standards that are not binding on States as such but give normative guidance on specific issues (e.g., resolutions, declarations, guiding principles etc.) and may be indicative of a growing international consensus to further develop the international legal framework;
- An additional forum for access to justice, (e.g.,communications and inquiry procedures initiated through treaty bodies and regional courts and commissions, in cases where national mechanisms are ineffective);
- Mechanisms to monitor states compliance with human rights and access to justice obligations; and
- An additional forum to create or influence national norm making.
The Rule of Law
The General Assembly has considered rule of law as an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions. (A/RES/61/39, A/RES/62/70, A/RES/63/128). The Security Council has held a number of thematic debates on the rule of law (S/PRST/2003/15, S/PRST/2004/2, S/PRST/2004/32, S/PRST/2005/30, S/PRST/2006/28) and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security (SC res 1325, SC res. 1820), children in armed conflict (e.g., SC res 1612), the protection of civilians in armed conflict (e.g., SC res 1674).
Human Rights in the Administration of Justice: Protection of persons subjected to detention or imprisonment
- Standard Minimum Rules for the Treatment of Prisoners
- Basic Principles for the Treatment of Prisoners
- Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- United Nations Rules for the Protection of Juveniles Deprived of their Liberty
- Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
- Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)
- Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Safeguards guaranteeing protection of the rights of those facing the death penalty
- Code of Conduct for Law Enforcement Officials
- Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
- United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
- United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
- Guidelines for Action on Children in the Criminal Justice System
- United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
- Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
- Basic Principles on the Independence of the Judiciary
- Basic Principles on the Role of Lawyers
- Guidelines on the Role of Prosecutors
- Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
- Declaration on the Protection of All Persons from Enforced Disappearance
- Basic Principles and Guidelines on the Right to a Remedy and Reparation
- International Convention for the Protection of All Persons from Enforced Disappearance
See also:
- International Covenant on Civil and Political Rights
- Body of Principles for the Protection of all Persons under detention or imprisonment
- UN Working Group on Arbitrary Detention
- Special Rapporteur on the Independence of Judges and Lawyers
- Special Rapporteur on Torture and other cruel, inhuman or degrading treatment or punishment
- Committee against Torture
- OHCHR Webpage: Rule of Law
- OHCHR Webpage: Transitional Justice
- OHCHR Webpage: International Law