Standarde Universale

I. International Conventions

a. Universal Declaration of Human Rights...EN, FR, RO 

Universal Declaration of Human Rights, 12/10/1948, United Nations, G.A. res. 217A(III), article 10

b. International Covenant on Civil and Political Rights...EN, FR, RO 

International Covenant on Civil and Political Rights, 12/16/1966, United Nations, GA resolution 2200A(XXI), 21 UN GAOR Supp. (No.16) at 52, UN Doc. A/6316 (1966), 999 UNTS 171, entered into force on March 23, 1976, article 14 (1)

c. CCPR General Comment No. 13...EN 

General Comment No. 13: Equality before the courts and the right to a fair and public hearing by an independent court established by law (Art. 14), Office of the Hight Commissioner for human rights, Twenty-first session, 1984

d. CCPR General Comment No.32...EN, FR, SP

General Comment No.32: Article 14 - Right to equality before courts and tribunals and to a fair trial, Office of the Hight Commissioner for human rights, Ninetieth session, 2007

e. Convention on the Rights of the Child...EN, FR, RO 

Convention on the Rights of the Child, adopted and opened for signature, ratification and accession by UN General Assembly resolution 44/25 of 20 November 1989, entry into force 2 September 1990, article 37

f. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families...EN 

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, UN General Assembly resolution 45/158 of 18 December 1990 (entry into force 1 July 2003), article 18

 

II. International General Declarations

a. Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms...EN 

Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, UN General Assembly resolution 53/144, 8 March 1999, article 9

b. Vienna Declaration and Programme of Action...EN 

Vienna Declaration and Programme of Action, World Conference on Human Rights (1993), para. 27

c. United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules")...EN 

United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules"), UN General Assembly resolution 40/33 of 29 November 1985, p.22 

d. Safeguards guaranteeing protection of the rights of those facing the death penalty...EN

Safeguards guaranteeing protection of the rights of those facing the death penalty, Economic and Social Council resolution 1984/50 of 25 May 1984

e. International Charter of Legal Defence Rights...EN

International Charter of Legal Defence Rights, International Association of Lawyers, 1987, Quebec

f. The Charter for the Defence of Minorities Human Rights...EN 

The Charter for the Defence of Minorities Human Rights, International Association of Lawyers, 1993, San Francisco, article 4

g. Universal Islamic Declaration of Human Rights...EN 

Universal Islamic Declaration of Human Rights, the Islamic Council, 1981, para V

 

III. International Specific Standards

a. Draft Principles on the Independence of the Judiciary (“Siracusa Principles”)...EN 

Draft Principles on the Independence of the Judiciary, prepared by a committee of experts convened by the International Association of Penal Law, the International Commission of Jurists, and the Centre for the Independence of Judges and Lawyers, 1981.

b. Minimum Standards of Judicial Independence (“New Delhi Standards”)...EN

Code of Minimum Standards of Judicial Independence, International Bar Association, New Delhi, India, 1982

c. Universal Declaration on the Independence of Justice...EN 

Montreal Universal Declaration on the Independence of Justice, 1983, 1st World Conference on the Independence of Justice

d. UN Standards

   d.1. Basic Principles on the Independence of the Judiciary (1985)...EN, FR, RO 

Basic Principles on the Independence of the Judiciary, 7th UN Congress on the Prevention of Crime and the Treatment of Offenders, Milan, Italy, 08/26-09/06/1985, GA resolutions 40/32 of 11/29/1985 and 40/ 146 of 12/13/1985, UN GAOR, 40th Session, Supp. no.53, UN Doc. A/40/53 (1985)

   d.2. Procedures for the Effective Implementation of the UN Basic Principles on the Independence of the Judiciary (1989)...EN 

Procedures for the Effective Implementation of the Basic Principles on the Independence of the Judiciary, The Economic and Social Council resolution 1989/60, 15th plenary meeting 05/24/1989

   d.3. Draft Universal Declaration on the Independence of Justice (“Singhvi Declaration”)...EN

Draft Universal Declaration on the Independence of Justice prepared by Mr L.V. Singhvi, UN Special Rapporteur on the Study on the Independence of the Judiciary, 1989.

   d.4. UN Basic Principles on the Role of Lawyers (1990)...ENFR 

Basic Principles on the Role of Lawyers, 8th UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 08/27-09/07/1990

   d.5. UN Guidelines on the Role of Prosecutors (1990)...EN, FR, RO 

Guidelines on the Role of Prosecutors, 8th UN Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 08/27-09/07/1990

   d.6. Draft Body of Principles on the Right to a Fair Trial and a Remedy (1994)...EN

Draft Body of Principles on the Right to a Fair Trial and a Remedy, Annex II, in The Administration of Justice and the Human Rights of Detainees, The Right to a Fair Trial: Current Recognition and Measures Necessary for its Strengthening, Final Report, Commission of Human Rights, Sub-Commission on Prevention of Discrimination and Protection of Minorities, 46th Session, E/CN.a/Sub.2/1994/24, June 1994

e. Universal Charter of the Judge...EN, FR, SP, IT 

Universal Charter of the Judge, General Council of the International Association of Judges, Tapei, Taiwan, 11/17/1999

f. The Policy Framework for Preventing and Eliminating Corruption and Ensuring the Impartiality of the Judicial System...EN 

The Policy Framework for Preventing and Eliminating Corruption and Ensuring the Impartiality of the Judicial System, adopted by the expert group convened by the Centre for the Independence of Judges and Lawyers, February 2000.

g. Mt. Scopus International Standards (2008)

The Mt. Scopus Approved Revised International Standards of Judicial Independence, conceived in 2007 and finalized in march 2008 by an international group of legal academics and professional jurists...EN

 

 

IV. International Manuals

a. Amnesty International Fair Trials Manual (1999)...EN, FR, SP  

First published December 1998, AI Index: POL 30/02/98

b. Lawyers Committee for Human Rights Fair Trial Guide (2000)...EN

What is a Fair Trial? A Basic Guide to Legal Standards and Practice, Lawyers Committee for Human Rights, March 2000

c. IFES Rule of Law Conferences

  • Barriers to the Enforcement of Court Judgments and the Rule of Law, May 1, 2003...EN
  • Regional Best Practices: Enforcement of Court Judgements: Lessons Learned from Latin America, April 1, 2004...EN
  • Global Best Practices: Judicial Integrity Standards and Consensus Principles, April 1, 2004...EN
  • Global Best Practices: Judicial Councils: Lessons Learned from Europe and Latin America April 1, 2004...EN
  • Global Best Practices: Income and Asset Disclosure Requirement for Judges: Lessons Learned from Eastern Europe and Latin America, April 1, 2004...EN
  • Global Best Practices: Constitutional Courts, Judicial Independance and the Rule of Law, April 1, 2004...EN
  • Global Best Practices: A Model State of the Judiciary Report. A Strategic Tool for Promoting, Monitoring and Reporting on Judicial Integrity Reforms, April 1, 2004...EN
  • Regional Best Practices: A Model Framework for a State to the Judiciary Report for the Americas, April 1, 2004...EN
  • Global Lessons and Best Practices: Fighting Corruption and Promoting the Rule of Law Through Transparency, Openness and Judicial Independence, January 20, 2006...EN

d. USAID/IFES

Guidance for Promoting Judicial Independence and Impartiality, 2002...EN

e. ICJ

International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors a Practitioners’ Guide, International Commission of Jurists, 2004...EN

f. UN/IBA

Human Rights in the. Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, 2003: chapter 4 - independence and impartiality of judges, prosecutors and lawyers...EN

 

V. International Humanitarian Law Standards

a. Geneva Conventions

- Article 3 Common to the Four Geneva Conventions of 1949...EN, FR

- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I), article 75...EN, FR

- Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non- International Armed Conflicts (Protocol II), article 6...EN, FR

b. Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law...EN 

Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, UN General Assembly resolution 60/147 of 16 December 2005, p.23

b. The Burgh House Principles on the Independence of the International Judiciary...EN

The Burgh House Principles on the Independence of the International Judiciary, 2004, the Study Group of the International Law Association on the Practice and Procedure of International Courts and Tribunals, in association with the Project on International Courts and Tribunals.

VI. UN Special Rapporteur on the Independence of the Judges and Lawyers

a. Resolutions...EN 

b. Annual Reports to the Human Rights Council (formerly Commission on Human Rights)...EN

c. Annual Reports to the General Assembly...EN