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). 62 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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