UNDP-OHCHR TOOLKIT
continued
RIGHT
OR ISSUE
UN INSTRUMENTS
SAFEGUARDS/LIMITS
AND VIOLATIONS
SAMPLE AREAS
OF UNCT SUPPORT
TO NHRIS
Arts. 2, 3 ICCPR
Safeguards:
Art. 26 ICCPR
All persons are equal …
without any discrimination
on any ground … such as ...
national
or social origin, birth … or
other status.
11
Ensure that the NHRI understands
its responsibilities with regard to
equality and non-discrimination, and
provide advice on possible activities/
best practices.
EQUALITY
11
11
efore the law
b
(general)
r ights of
non-citizens
HABEAS
CORPUS
Art. 9, 13 ICCPR
Constitutional guarantees
of equality.
Limits/Violations:
11
Differential treatment as regards
minority groups or vulnerable
persons, including treatment that
has an adverse impact on persons
based on race, sex, ethnic origin
and other grounds.
Safeguards:
11
Habeas corpus must remain
available even during public
emergencies threatening
the nation.7
Limits/Violations:
11
11
11
Laws that extend the period before
which a person has the right to be
brought before a judicial officer.
Restrictions of powers of release
without written permission.
Members of proscribed
organizations are excluded
from the complaint process.
Provide the NHRI with the necessary
technical assistance, specialised
training, expertise, and material
support to investigate allegations of
unequal or discriminatory treatment in
the administration of justice, and legal
system generally, especially as regards
minority groups or vulnerable persons.
Ensure that the NHRI understands its
responsibilities with regard to habeas
corpus and advise them on possible
activities/best practices.
Provide the NHRI with the necessary
technical assistance, specialised
training, expertise, and material
support to investigate the extent to
which habeas corpus is difficult to
access either because courts decline
applications on a systematic basis, or
restrict access to lawyers. Activities
could be undertaken in coordination
with Bar associations and lawyers’
associations, as well as NGOs.
LEGAL RIGHTS
11
interpreter,
assistance
of an
Art. 14(3)(f) ICCPR
Safeguards:
11
Accused have access to
interpreters in court.
Limits/Violations:
11
72
No mention of access to qualified
interpreters during questioning by
law enforcement officers and
limited access to interpretation
in court.
Ensure that the NHRI understands its
responsibilities and advise them on
possible activities/best practices. E.g.
Support monitoring of judicial hearings in areas where minority language
rights are an issue and support the
preparation of reports on the state of
practice and availability of interpreters.
Provide the NHRI with the necessary
technical assistance, specialised
training, expertise, and material support to work with law enforcement
to ensure that arrested persons have
access to interpretation, emphasising
language capacity for languages
spoken by minority communities.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents