44. These three instruments, together with the Convention on the Rights of the Child,
form the basic standards relevant to the administration of juvenile justice. Like the
Convention, these instruments (adopted by the General Assembly in December
1990, November 1985 and December 1990, respectively) require that national
legal systems take into account the special status and vulnerability of juveniles who
have come into conflict with the law. They deal with both prevention and treatment,
on the basis of the central principle that the best interests of the child are to guide
all action in the field of juvenile justice. Their content is examined in detail in
chapter 31 of this Manual.
Declaration on the Elimination of Violence against Women
45. On 20 December 1993, by its resolution 48/104, the General Assembly proclaimed
the Declaration on the Elimination of Violence against Women. The Declaration
defines violence against women in detail and calls on States to condemn such violence
without invoking any custom, tradition or religious consideration to avoid their
obligation with respect to its elimination. The Declaration also urges States, among
other things, to investigate and punish incidents of violence against women, to
develop appropriate penal and civil sanctions against it and to devote adequate
resources to activities related to the elimination of violence against women.
United Nations Standard Minimum Rules for Non-custodial Measures
(The Tokyo Rules)
46. In December 1990, the General Assembly adopted the United Nations Standard
Minimum Rules for Non-custodial Measures (The Tokyo Rules), in order to encourage
the provision by States of a wide range of non-custodial measures. Such measures
increase community involvement in the management of criminal justice and support
the cause of justice, while reducing the use of imprisonment, which in every case
should be seen as an extreme penalty. Under the Tokyo Rules, non-custodial measures are to take into consideration the human rights and rehabilitation of the offender, the protection of society and the interests of victims. The Rules provide
guidance for the use of temporary or conditional release, work release, parole, remission, pardon, community service, economic sanctions, etc.
Principles on the Effective Prevention and Investigation of Extra-legal,
Arbitrary and Summary Executions
47. The Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary
and Summary Executions were recommended to States by the Economic and Social
Council in May 1989. The Principles provide guidance to law enforcement and
other national authorities on preventing and investigating such crimes, and on legal
proceedings to bring perpetrators to justice. They emphasize the importance of
ensuring strict control, including a clear chain of command, over law enforcement
agencies, as well as careful record-keeping, inspections, and notifications to families
and legal representatives with regard to detention. They also require the protection
of witnesses and family members of victims and the careful collection and consideration of relevant evidence. The Principles give crucial detail to the provisions of human rights treaties guaranteeing the right to life.
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