9.7.3
Civil and political rights
Suggested national action plan content:
• Commitment to enact legislation protecting civil and political rights, including
legislation addressing issues such as violence against women and exploitation of
children;
• Legal reform with a view to bringing the criminal procedure code and other key
legislative acts into conformity with the relevant human rights treaties;
• Proposed measures aimed at strengthening the independence of the judiciary;
• Proposed training on human rights issues for the judiciary, police, correctional
services workers and security authorities;
• Provision of adequate resources to ensure that the court system and the general
administration of justice operate effectively, that police operations are able to give
full attention to the rights of citizens and that correctional institutions are better
able to observe the rights of detainees;
• Establishment of standing monitoring mechanisms (such as a prison inspectorate)
and commissions of inquiry where needed to investigate and formulate
recommendations on specific issues;
• Abolition or limitation of the death penalty;
• Establishment of operational policies and guidelines for the judiciary, police,
correctional service workers and security authorities that ensure actions are in
accordance with internationally recognized human rights standards;
• Steps to strengthen the electoral system to ensure it provides for genuine periodic
elections in accordance with international human rights standards and
international best practice;
• Establishment of effective mechanisms aimed at the eradication of impunity,
including grievance procedures in relation to public administration and effective
measures of redress for violations of human rights;
• Steps to promote freedom of information, particularly access to State-owned
broadcasting media;
• Steps to promote freedom of religion;
• Establishment or strengthening of provisions for legal aid.
National action plans should focus on administration of justice issues, which are often
the source of serious human rights problems, particularly for minorities. This involves
improving the protection and promotion of the human rights of persons coming into
contact with the police, the courts and prisons. Legal reform is another area that is
often of relevance to civil and political rights, as many legislative acts may never have
been brought into conformity with the applicable international human rights
obligations of the government. Sometimes acceptance of a human rights treaty may
require new definitions in the law (such as “torture”, as defined under article 4 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment); the criminalization of certain acts (such as incitement to racial hatred or
violence, as required by article 4 of the International Convention on the Elimination
of All Forms of Racial Discrimination); or the setting of minimum standards (such as
a minimum age for marriage, as required under article 16 of the Convention on the
Elimination of All Forms of Discrimination against Women).
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