Human Rights 75: Justice

The Universal Declaration states in its first paragraph that the recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation for freedom, justice and peace in the world.  Throughout its 75 years,  the Universal Declaration has helped many people find justice – by changing laws and practices and providing opportunities for people to claim their rights.  However, countless others are still seeking justice.  Injustice and impunity affect not only those directly concerned – they affect society as a whole, undermining the rule of law, sustainable development and peace and security.  Let’s take action today to invest in justice and make the Universal Declaration a reality for all! 

The basics

• Administration of justice and law enforcement

The rule of law is fundamental to international peace, security and political stability; it helps achieve economic and social progress, and helps protect people’s rights and freedoms. It is foundational to people’s access to public services, to curbing corruption, restraining the abuse of power, and to establishing the social contract between people and the state.

Judges, prosecutors and lawyers are subject to attacks and violations of their rights, including threats, intimidation, external interference in conducting their professional activities, arbitrary detention, prosecution, and killings. These attacks threaten the impartiality and independence of the judiciary and the legal profession.

Law enforcement officials have the authority to use force to achieve a legitimate law enforcement objective. However, this force can be misused. To prevent the abusive use of force and violation of human rights in law enforcement, States should follow a legislative framework, combined with guidance and training.

• Democracy, right to participate and the electoral process

Democracy is one of the universal core values of the United Nations. The UN Charter is proclaimed in the name of the peoples of the United Nations and the Universal Declaration of Human Rights emphasizes that the will of the people is the basis of the authority of government. Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections are essential elements of democracy.

Political and public participation is crucial to democratic governance, the rule of law, social inclusion and economic development, and the advancement of all human rights. Participation rights are important in empowering individuals and groups, which is essential to eliminate marginalization and discrimination. These rights are also inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.

• Transitional justice and post-conflict peacekeeping

Transitional justice consists of both judicial and non-judicial mechanisms, including truth-seeking, prosecution initiatives, reparations, and various measures to prevent the recurrence of new violations. This can include constitutional, legal and institutional reform, the strengthening of civil society, memorialization efforts, cultural initiatives, the preservation of archives, and the reform of history education.

Successful transitional justice measures can connect, empower and transform societies. This contributes to lasting peace and the realization of Sustainable Development Goal 16.

• New Vision of the Secretary-General for the Rule of Law

The Secretary-General published his New Vision for the Rule of Law in follow-up to his 2021 Our Common Agenda report (A/75/982) where he committed to promote a new vision for the rule of law in support of efforts to put people at the centre of justice.

Human rights 75

• UN Human Rights Chief’s call to States to reinvigorate access to justice for all

“Moving forward, it is important to centre justice on people and their rights, understanding their justice needs and responding accordingly.  This means involving people in justice decisions and providing them with the means to do so,” UN High Commissioner for Human Rights Volker the High Commissioner said on 4 August at a briefing held in Geneva on the Secretary General’s new Vision for the Rule of Law.

• Volker Türk’s open letter to UN Member States (PDF)

Connect

• Advancing the rights of Indigenous Peoples

“Regardless of what part of the world we come from, Indigenous Peoples share the same challenges, so providing us the opportunity to gain knowledge about how we can protect and defend our rights at a regional, national and international level is extremely important. It makes us feel we are not alone.”

• Trial monitoring to protect the right to a fair trial

UN Human Rights monitors trials to ensure people’s right to a fair and public hearing and compliance by courts around the world with other fundamental international human rights norms and standards.

Law enforcement 

The general rules derived from international human rights law regulating the use of force are as follows: 

Law enforcement officials, in carrying out their duty, shall, as far as possible, apply non-violent means before resorting to the use of force and firearms. Where such non-violent means remain ineffective or without any promise of achieving the intended result, the use of force is permitted only where:

• It is provided by law, 
• is necessary in order to achieve a legitimate law enforcement objective, 
• and where the use of force is proportionate to achieve its protective function. The requirement of proportionality means that the force used must be the least amount necessary and that it must be proportionate to the interest to be protected. 
• Lastly, the use of force must comply with the prohibition of discrimination. 

Alleged violations of these rules must be subject to effective independent investigations. Where appropriate, those responsible must be held accountable.

States must take all necessary measures to implement their human rights law obligations. This may entail measures such as the adoption of appropriate legal frameworks regulating the use of force, the design and implementation of training and practical guidance for law enforcement, and the implementation of necessary institutional reforms to ensure effective accountability mechanisms to prevent impunity in cases of abuse.

Democracy

Democracy is one of the universal core values and principles of the United Nations. Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage are some of the essential elements of democracy. These values are embodied in the Universal Declaration of Human Rights and further developed in the International Covenant on Civil and Political Rights which enshrines many of the political rights and civil liberties that underpin meaningful democracies.

These rights, and those of subsequent human rights instruments covering the rights of specific parts of the population (e.g. women, indigenous peoples, minorities, persons with disabilities), are essential for democracy as they ensure access to information, freedom from fear, participation and equality and equity for all.

The majority of States in the world today describe themselves as democratic. However, democracy is a dynamic social and political system which is neither linear nor irreversible, and all countries can benefit from continued improvement of their democratic processes. In the twenty-first century, we face the triple challenge of building democracies, preserving democracies, and improving the quality of democracies.

Political and public participation is crucial to democratic governance, the rule of law, social inclusion and economic development, and the advancement of all human rights. Participation rights are important in empowering individuals and groups, which is essential to eliminate marginalization and discrimination. These rights are also inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.

The right to vote

The right to take part in the conduct of public affairs, including the right to vote and to stand for election, is at the core of democratic governments based on the will of the people. Genuine elections are a necessary and fundamental component of an environment that protects and promotes human rights.

The right to vote and be elected in genuine, periodic elections is intrinsically linked to a number of other human rights, the enjoyment of which is crucial to a meaningful electoral process. These prerequisite rights include:

• the right to freedom from discrimination;
• the right to freedom of opinion and expression;
• the right to freedom of association and of peaceful assembly; and
• the right to freedom of movement.

The right to participate in political and public life 

Political and public participation rights play a crucial role in the promotion of democratic governance, the rule of law, social inclusion and economic development, as well as in the advancement of all human rights.

The right to participate in political and public life is important in empowering individuals and groups, and is essential to eliminate marginalization and discrimination. Participation rights are inseparably linked to other human rights such as the rights to peaceful assembly and association, freedom of opinion and expression and the rights to education and to information.

Many obstacles to equal political and public participation exist. These barriers may include direct and indirect discrimination on grounds such as race, colour, descent, sex, language, religion, political or other opinion, national, ethnic or social origin, property, birth, disability, nationality or other status. Even when there is no formal discrimination in connection with political or public participation, inequalities in access to other human rights may impede the effective exercise of political participation rights.

Transitional justice

Transitional justice covers the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past conflict, repression, violations and abuses, in order to ensure accountability, serve justice and achieve reconciliation (explained further in S/2004/616).

These processes may include both judicial and non-judicial mechanisms, including truth-seeking, prosecution initiatives, reparations, and various measures to prevent the recurrence of new violations, including: constitutional, legal and institutional reform, the strengthening of civil society, memorialization efforts, cultural initiatives, the preservation of archives, and the reform of history education.

Transitional justice aims to provide recognition to victims, enhance the trust of individuals in State institutions, reinforce respect for human rights and promote the rule of law, as a step towards reconciliation and the prevention of new violations.

Transitional justice processes have repeatedly demonstrated they can help address grievances and divisions. To this end, such processes must be context-specific, nationally owned, and focused on the needs of victims. Then, they can connect, empower and transform societies and thereby contribute to lasting peace.

Law Enforcement

Over the past decades, a number of international standards on the use of force in law enforcement have been developed:

• Code of Conduct for Law Enforcement Officials
• Basic Principles on the Use of Force and Firearms by Law Enforcement Officials

In addition, the UN Human Rights Committee has adopted general comments on the interpretation of the International Covenant on Civil and Political Rights, where it has clarified the legal standards related to the use of force under the Covenant. 

Key Documents

• General comment 36 (2018) on the right to life
• General comment 37 (2020) on the right of peaceful assembly

Independence of Judges and Lawyers

Treaties

• International Covenant on Civil and Political Rights (Article 14)
• Human Rights Committee, General Comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial (2007)
• Convention on the Rights of the Child (Article 37)
• International Convention on the protection of the Rights of All Migrant Workers and Members of Their Families (Article 18)
• International Convention for the Protection of All Persons from Enforced Disappearance (Article 11)
• Convention on the Rights of Persons with Disabilities (Article 13)

United Nations Sources

Main instruments

• Basic Principles on the Independence of the Judiciary (endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985)
• Guidelines on the Role of Prosecutors (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 7 September 1990)
• Basic Principles on the Role of Lawyers (adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Havana (Cuba) from 27 August to 7 September 1990)
• Bangalore Principles of Judicial Conduct (endorsed by the Economic and Social Council in ECOSOC resolution 2006/23)

General Assembly

• UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (General Assembly resolution 67/187 of 20 December 2012)
• Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels (General Assembly resolution 67/1 of 24 September 2012)
• Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (General Assembly resolution 53/144 of 9 December 1998, Article 9)
• Universal Declaration of Human Rights (Article 10)

Human Rights Council

• Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (Human Rights Council resolution 44/8 of 14 July 2020)
• Equality and non-discrimination of persons with disabilities and the right of persons with disabilities to access to justice (Human Rights Council resolution 37/22 of 23 March 2018)
• Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers (Human Rights Council resolution 35/12 of 22 June 2017)
• Integrity of the judicial system (Human Rights Council resolution 25/4 of 27 March 2014)
• Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (Human Rights Council resolution 23/6 of 13 June 2013)

Sub-Commission on the Promotion and Protection of Human Rights

• Draft Principles Governing the Administration of Justice through Military Tribunals (E/CN.4/2006/58)

United Nations Office on Drugs and Crime

• Guide to the Status and Role of Prosecutors (2014)
• Measures for the effective implementation of the Bangalore Principles of Judicial Conduct (2010)
• Commentary to the Bangalore Principles (2007)

Other sources

International Association of Judges

• Universal Charter of the Judge (adopted on 17 November 1999 and updated on 14 November 2017)

International Association of Prosecutors

• Declaration on Minimum Standards Concerning the Security and Protection of Public Prosecutors and their Families (2008)
• Standards of professional responsibility and statement of the essential duties and rights of the prosecutor (1999)

International Bar Association

• International Principles on Conduct for the Legal Profession (2011)
• General Principles for the Legal Profession (2006)
• Standards for the Independence of the Legal Profession (1990)
• International Code of Ethics (1954, latest version 1988)
• IBA Minimum Standards of Judicial Independence (1982)

Democracy

There is an interdependence between democracy and other concepts such as human rights, rule of law, peace and sustainable development. As such, democratic tenets and participation rights are mentioned in many international treaties and commitments. The two core standards are:

• The Universal Declaration of Human Rights, adopted by the General Assembly in 1948, which elaborated on an essential element of democracy by proclaiming that “the will of the people shall be the basis of the authority of government” and guaranteeing to everyone the rights that are essential for effective political participation.
• The International Covenant on Civil and Political Rights, adopted by the Assembly in 1966, which conferred binding legal status on the right of individuals to participate in the processes that constitute the conduct of public affairs, and further strengthened the protection accorded to participatory rights and freedoms.

Key documents

• Guidance Note of the Secretary-General on Democracy
• Guidance Note of the Secretary-General on United Nations Constitutional Assistance (PDF)
• Human Rights and Constitution Making
• Human Rights and Elections - A Handbook on International Human Rights Standards on Elections
• Briefer: Human rights and elections for journalists
• Briefer: Human rights in the context of protests for journalists

Equal Participation in Political and Public Affairs

Article 25 of the International Covenant on Civil and Political Rights defines the obligations of States parties in connection with the right to take part in the conduct of public affairs, vote and be elected at genuine periodic elections, and have equal access to public service positions. Article 25 is complemented by the interpretive General Comment and jurisprudence adopted by the Human Rights Committee.

Other international human rights instruments contain similar provisions. These include:

• The Universal Declaration of Human Rights (art. 21);
• The International Covenant on Economic, Social and Cultural Rights (art. 8);
• The International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (c));
• The Convention on the Elimination of All Forms of Discrimination Against Women (arts. 7 and 8);
• The Convention on the Rights of the Child (art. 15);
• The Convention on the Rights of Persons with Disabilities (arts. 4 (3), 29, 33 (3));
• The International Convention on the Protection of All Migrant Workers and Members of Their Families (arts. 41 and 42);
• The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (art. 2 (2));
• The United Nations Declaration on the Rights of Indigenous Peoples (arts. 5 and 18);
• The Durban Declaration and Programme of Action (art. 22);
• The Declaration on the Rights to Development (arts 1.1, 2 and 8.2); 
• The Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (art. 8).

Other key documents include

• Guidelines on the effective implementation on the right to participate in public affairs
• The Guidelines on the effective implementation on the right to participate in public affairs provide directions for States on how to ensure participation. The Guidelines include recommendations on different dimensions of the right to participate, for example on participation in electoral processes, on direct participation in non-electoral contexts and on participation at the international level.

 Transitional Justice

International human rights law provides a framework for transitional justice in the following instruments and conventions:

• The Charter of the United Nations
• The Universal Declaration of Human Rights (article 8)
• The International Covenant on Civil and Political Rights (article 2)
• The International Convention for the Protection of All Persons from Enforced Disappearance (articles 23 and 24)
• The Convention against Torture and Other Cruel, Inhuman, Degrading Treatment or Punishment (articles 2, 3, 4, 6, 5, 7, 11 and 12)
• The International Convention on the Elimination of All Forms of Racial Discrimination (article 6) 
• The Convention on the Rights of the Child (article 39) 
• The updated set of principles to combat impunity (E/CN.4/2005/102/Add.1), (Principles 2, 5, 19, 21, 22 and 35)
• Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law 

Related documents

• The rule of law and transitional justice in conflict and post-conflict societies, Report of the Secretary-General 
• Uniting our strengths: Enhancing United Nations support for the rule of law, Report of the Secretary-General 
• Promotion and protection of human rights study by the office of the United Nations high commissioner for human rights on human rights and transitional justice activities undertaken by the human rights components of the United Nations system 
• Guidance Note of the Secretary-General – United Nations Approach to Transitional Justice 
• Guidance Note of the Secretary‐General on reparations for Conflict‐Related Sexual Violence
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power 
• Report of the independent expert to update the Set of principles to combat impunity, Diane Orentlicher (E/CN.4/2005/102/Add.1) 
• CCPR general comment No. 31, the Nature of the General Legal Obligation Imposed on States parties to the Covenant (CCPR/C/GC/31)
• CCPR general comment No. 32, Article 14: Right to equality before courts and tribunals and to a fair trial (CCPR/C/GC/32)
• Working Group on Enforced or Involuntary Disappearances, general comment on the Right to the Truth in Relation to Enforced Disappearances (A/HRC/16/48)
• Guidance Note of the Secretary General on Transitional Justice: A Strategic Tool for People, Prevention and Peace
• The United Nations Secretary General adopted his Guidance Note on Transitional Justice: A Strategic Tool for People, Prevention and Peace in June 2023. The Guidance Note includes recommendations to operationalize the United Nations support to transitional justice, namely to adjust institutional understanding and positioning of transitional justice; to become more innovative in the design and implementation of transitional justice work; and to reinvigorate the victim and people-centeredness of transitional justice, seeking to make an early, tangible and transformational impact for people and communities.

 Truth, Justice and Reparation

Key international instruments

• United Nations Charter
• Universal Declaration of Human Rights (other languages)
• Convention on the Prevention and Punishment of the Crime of Genocide
• International Convention on the Elimination of All Forms of Racial Discrimination
• International Covenant on Economic, Social and Cultural Rights
• International Covenant on Civil and Political Rights
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• International Convention for the Protection of All Persons from Enforced Disappearance
• Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
• Geneva Convention relative to the Treatment of Prisoners of War
• Geneva Convention relative to the Protection of Civilian Persons in Time of War
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

Justice

• Updated Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1), 2005
• Independent study on best practices, including recommendations, to assist states in strengthening their domestic capacity to combat all aspects of impunity, by Professor Diane Orentlicher (E/CN.4/2004/88), 2004
• Set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/Sub.2/1997/20/Rev.1), 1997

Reparations

• Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law

Children

• Convention on the Rights of the Child
• Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
• Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography

Gender

• Convention on the Elimination of All Forms of Discrimination against Women
• Optional Protocol to the Convention on the Elimination of Discrimination against Women

• A/HRC/54/69: Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers - Report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement

• A/78/171: Report of the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite - The promise of legal empowerment in advancing access to justice for all

• A/HRC/53/31: Reimagining justice: confronting contemporary challenges to the independence of judges and lawyers - Report of the Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite

• A/HRC/54/4: Summary of the panel discussion on the negative impact of the legacies of colonialism on the enjoyment of human rights - Report of the Office of the United Nations High Commissioner for Human Rights

• A/HRC/51/63: Role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights

• A/HRC/51/55: Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers – Report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in Law Enforcement

• A/HRC/53/44: Report on the expert workshop on possible ways to enhance the participation of Indigenous Peoples in the work of the Human Rights Council

• A/HRC/52/68: Belarus in the run-up to the 2020 presidential election and in its aftermath - Report of the United Nations High Commissioner for Human Rights

• A/HRC/51/13: Civil society space: COVID-19: the road to recovery and the essential role of civil society - Report of the United Nations High Commissioner for Human Rights

• A/HRC/RES/48/2: Resolution adopted by the Human Rights Council on 7 October 2021 - Equal participation in political and public affairs

• A/HRC/48/60/Add.1: Follow-up on the visits to Tunisia, Uruguay and Spain - Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Fabián Salvioli

• A/76/180: Promotion of truth, justice, reparation and guarantees of non-recurrence - Note by the Secretary-General

• A/HRC/48/60: Accountability: Prosecuting and punishing gross violations of human rights and serious violations of international humanitarian law in the context of transitional justice processes - Report of the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

• Thematic reports on the independence of judges and lawyers

• Meeting report - Parliamentary round table, 22 June 2023 - Parliaments and women’s rights: Implementing the CEDAW Convention, realizing the Universal Declaration of Human Rights for all

• Report on good practices and challenges in using the Guidelines on Participation

• Other reports on democracy, right to participate and the electoral process

• Other reports on administration of justice and law enforcement

• Other reports on transitional justice and post-conflict peacekeeping