Human Rights to Have Competent,Independent,Impartial Court

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New Delhi (ABC Live): Human Rights :  The judiciary plays an important role in stabilizing the balance of power within government and in enhancing public confidence in the government.

The right to a competent, independent, and impartial tribunal is articulated in the Universal Declaration of Human Rights (Article 10) and the International Covenant on Civil and Political Rights (Article 14), as well as in regional treaties and conventions.

Recognizing the essential role played by a competent, independent, and impartial judiciary in the protection of human rights and fundamental freedoms, in 1985, the seventh United Nations Congress on the Prevention of Crime and Treatment of Offenders adopted, and the General Assembly endorsed, the Basic Principles on the Independence of the Judiciary .

These principles are to be “taken into account and respected by Governments within the framework of their national legislation and practice and be brought to the attention of judges, lawyers, members of the executive and the legislature, and the public in general.”

The Principles cover the independence of the judiciary, freedom of expression and association, qualifications, selection and training, conditions of service and tenure, and discipline, suspension, and removal.

As such, the Guidelines provide a framework which can be used by states to assess the functioning of its judiciary with respect to international standards. An effective court system is an integral part of a functioning justice system.

UNODC offers assistance in:

  • Developing legislation that will allow the judiciary to function independently, impartially, and with integrity;
  • Enhancing the capacity of the judiciary to train and educate judges and judicial officers; and
  • Enhancing the capacity of the judiciary to uphold human rights standards and norms in criminal cases.