Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
professions, in situations, for instance, where either international or domestic law is not
sufficiently clear on a particular issue.
The following resolutions are among those that are of particular significance
for judges, prosecutors and lawyers in the exercise of their professional responsibilities.
However, it is advisable to exercise care in seeking guidance, particularly from
some of the older resolutions, since States may have become bound by stricter
legal standards, either under their own domestic law, or under international
conventions. As will be seen, many of these resolutions deal with the treatment of
persons deprived of their liberty, including juveniles, and aim at eradicating torture and
other kinds of inhuman treatment.
3.1 The Declaration on the Elimination of All Forms
of Intolerance and of Discrimination Based on
Religion or Belief, 1981
The Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief proclaims “the right to freedom of thought,
conscience and religion”, and includes, inter alia, the freedom to have a religion or
whatever belief of one’s choice, and to manifest this religion or belief either individually
or in community with others (art. 1). It further provides that “no one shall be subject to
discrimination by any State, institution, group of persons, or person on the grounds of
religion or other belief” (art. 2(1)). States “shall take effective measures to prevent and
eliminate discrimination on the grounds of religion or belief” and shall “make all efforts
to enact or rescind legislation where necessary to prohibit any such discrimination”
(art. 4).
3.2 The Basic Principles for the Treatment of
Prisoners, 1990
According to the Basic Principles for the Treatment of Prisoners, 1990, “all
prisoners shall be treated with the respect due to their inherent dignity and value as
human beings”, and shall not be subjected to discrimination on various grounds
(Principles 1 and 2). “Except for those limitations that are demonstrably necessitated by
the fact of incarceration, all prisoners shall retain the human rights and fundamental
freedoms set out in the Universal Declaration of Human Rights, and, where the State
concerned is a party”, the rights set out in other United Nations covenants (Principle 5).
Prisoners shall have the right to take part in cultural activities and education and be
enabled to undertake “meaningful remunerated employment” (Principles 6 and 8). The
Basic Principles also provide that efforts should be undertaken and encouraged to
abolish solitary confinement as a punishment (Principle 7).
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers