C HAPTER 2. S OURCES ,
SYSTEMS AND STANDARDS FOR
HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE
OBJECTIVES
The objectives of this chapter are:
■ To introduce course presenters and, through them, course participants to the
overall existing United Nations framework for the protection of human rights in the
administration of justice.
■ To provide an overview of the principal instruments, monitoring mechanisms and
authoritative United Nations bodies relevant to the work of prison officials.
■ To highlight selected categories of potential human rights violations which prison
officials should be careful to avoid.
ESSENTIAL PRINCIPLES
International human rights law is binding on all States and their agents, including
prison officials.
Human rights are a legitimate subject for international law, and for international
scrutiny.
Prison officials are obliged to know, and to apply, international standards on human
rights.
A. RELEVANCE OF INTERNATIONAL STANDARDS
12. International norms and standards have various legal effects depending on their
source. Thus various levels of States' legal obligations depend on whether the
international standards are derived from treaty law, from customary international
law or from various bodies of principles, minimum rules and declarations.
International norms and standards relating to human rights in the administration
of justice have been promulgated by a number of bodies within the United Nations
system. Foremost among these have been the Commission on Human Rights, its
Subcommission on the Promotion and Protection of Human Rights, and the periodic
United Nations Congresses on the Prevention of Crime and the Treatment of
Offenders. These standards have been finally adopted by the General Assembly or
the Economic and Social Council, two principal organs of the United Nations.
13. Additionally, the normative content of some of these standards, and details on
their proper implementation at the national level, are to be found in the evolving
practice of the United Nations treaty bodies, among others the Human Rights
Committee, a treaty monitoring body established under the International
Covenant on Civil and Political Rights.
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