100 100 95 95 75 75 25 25 5 5 0 0 100 100 95 95 75 75 25 25 5 5 0 0 cover per pdf sul CD mercoled(cid:65535) 21 marzo 2012 14:55:07 in cooperation with the HUMAN RIGHTS IN THE ADMINISTRATION OF JUSTICE A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers Professional Training Series No. 9/Add.1 UNITED NATIONS New York and Geneva, 2011 NOTE The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. HR/P/PT/9/Add.1 (cid:169) 2011 United Nations All worldwide rights reserved Contents Purpose and use of the Facilitator’s Guide......................................v Opening the course: introductory session......................................vii Chapter 1 INTERNATIONAL HUMAN RIGHTS LAW AND THE ROLE OF THE LEGAL PROFESSIONS: A GENERAL INTRODUCTION.........1 Chapter 2 THE MAJOR UNIVERSAL HUMAN RIGHTS INSTRUMENTS AND THE MECHANISMS FOR THEIR IMPLEMENTATION and Chapter 3 THE MAJOR REGIONAL HUMAN RIGHTS INSTRUMENTS AND THE MECHANISMS FOR THEIR IMPLEMENTATION................9 Chapter 4 INDEPENDENCE AND IMPARTIALITY OF JUDGES, PROSECUTORS AND LAWYERS.................................................19 Chapter 5 HUMAN RIGHTS AND ARREST, PRETRIAL DETENTION AND ADMINISTRATIVE DETENTION...................................................29 Chapter 6 THE RIGHT TO A FAIR TRIAL PART I: FROM INVESTIGATION TO TRIAL....................................43 Chapter 7 THE RIGHT TO A FAIR TRIAL PART II: FROM TRIAL TO FINAL JUDGEMENT...............................57 Chapter 8 INTERNATIONAL LEGAL STANDARDS FOR THE PROTECTION OF PERSONS DEPRIVED OF THEIR LIBERTY ......73 Chapter 9 THE USE OF NON-CUSTODIAL MEASURES IN THE ADMINISTRATION OF JUSTICE ...........................................85 Chapter 10 THE RIGHTS OF THE CHILD IN THE ADMINISTRATION OF JUSTICE..............................................................................93 Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers iii Contents Chapter 11 WOMEN’S RIGHTS IN THE ADMINISTRATION OF JUSTICE........105 Chapter 12 SOME OTHER KEY RIGHTS: FREEDOM OF THOUGHT, CONSCIENCE, RELIGION, OPINION, EXPRESSION, ASSOCIATION AND ASSEMBLY.........117 Chapter 13 THE RIGHT TO EQUALITY AND NON-DISCRIMINATION IN THE ADMINISTRATION OF JUSTICE .........................................137 Chapter 14 THE ROLE OF THE COURTS IN PROTECTING ECONOMIC, SOCIAL AND CULTURAL RIGHTS .............................................149 Chapter 15 PROTECTION AND REDRESS FOR VICTIMS OF CRIME AND HUMAN RIGHTS VIOLATIONS ................................................161 Chapter 16 THE ADMINISTRATION OF JUSTICE DURING STATES OF EMERGENCY.........................................................................177 iv Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers Purpose and use of the Facilitator’s Guide The training material on Human Rights in the Administration of Justice developed by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in cooperation with the International Bar Association consists of a Manual and the present Facilitator’s Guide. Together, they support the organization of human rights courses for legal professionals to enable them to apply human rights principles and norms in the exercise of their daily professional activities. The ultimate goal of these educational resources and activities is to strengthen the protection of human rights in and through domestic legal procedures. The Manual provides basic information on international human rights law and the jurisprudence of universal and regional bodies and national courts. Each chapter addresses a specific human rights area. A selection of the most appropriate areas and material will be necessary, depending on the duration and nature of the course and the type of participants. This Facilitator’s Guide aims to assist training managers and resource persons engaged in organizing workshops or courses based on the Manual. It is based on a training methodology which encourages participants to play an active role, contributing their professional expertise to the joint study of how to apply international human rights standards effectively. As always, it is for the facilitators to use their experience and talents to guide the audience through the course and at all times assess and reassess the needs of the participants. Accordingly, the materials proposed should be used with a substantial degree of flexibility. Facilitators and training managers may need to make a selection of the most appropriate material. Presentations, examples, case studies and role plays may need to be tailored and customized to reflect relevant legal systems and address issues of particular interest. The Facilitator’s Guide closely follows the structure of the Manual. After a first module with guidance for the organization of the opening session of the course, the Guide proposes training aids such as questions for discussion, planning charts, exercises, case studies and role plays, as well as sample computer slide presentations, for each of the Manual’s chapters. These tools should in no way limit the facilitator’s freedom to introduce other useful and thought-provoking questions and exercises, provided that they are aimed at meeting the learning objectives of the various sessions. The proposed questions are merely indicative of what can be asked. There may well be occasions when some facilitators will find it difficult to put too direct a question to the participants and when it might be preferable, in order to obtain the same results, to ask questions in a more indirect way. In addition, the planning charts are only indicative of how the time available could be organized. The time spent on each session will depend on the length of the course itself. The charts are thus to be seen as examples of what can be done, and it will be for the organizers to design each course according to the time available and the needs of the audience. With the exception of the initial simple exercises found in each chapter, the case studies and role plays presented in the Guide may in certain situations be too complex. This may be the case, for instance, in a country which has recently emerged from a war or conflict, obliging it to rebuild not only its political and social structures but also its judiciary and the legal professions in general. In such situations, it is the task of the facilitators to assess the needs of the participants and to adjust the material provided so that it is adequate and meaningful to them at that time. Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers v Purpose and use of the Facilitator’s Guide This Guide is complemented by – and should be used in conjunction with – two methodological training tools published by OHCHR: (cid:108) Human Rights Training: A Manual on Human Rights Training Methodology (Professional Training Series No. 6), which highlights basic guiding principles concerning human rights training for professional audiences, as well as effective techniques and tips for trainers; and (cid:108) Evaluating Human Rights Training Activities: A Handbook for Human Rights Educators (Professional Training Series No. 18), jointly published with EQUITAS-International Centre for Human Rights Education. The Handbook highlights relevant research and practice in educational evaluation and contains step-by-step guidance, with examples of tools and techniques, to integrate evaluation throughout the human rights training process, including design, delivery and follow-up. These two publications are available online from the OHCHR website: www.ohchr.org. In addition, Human Rights: A Compilation of International Instruments (vol. I, Universal Instruments, and vol. II, Regional Instruments) can serve as reference material in workshops or courses for legal professionals. Updated information on evolving international human rights law is also available on the OHCHR website. vi Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers Opening the course Introductory session Contents I. GENERAL OBJECTIVES OF THE COURSE.............................viii II. SPECIFIC OBJECTIVES OF THE INTRODUCTORY SESSION......viii III. MAIN POINTS TO BE MADE AND KEY ISSUES FOR DISCUSSION.............................................ix IV. SESSION PLANNING CHART FOR THE INTRODUCTORY SESSION ...........................................................................ix V. TRAINING MATERIALS .........................................................x A. Computer slides.....................................................................x B. Handouts..............................................................................x Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers vii Opening the course: introductory session I. GENERAL OBJECTIVES OF THE COURSE The overall objectives of the course for judges, prosecutors and lawyers are that each participant should: (cid:108) Understand the international human rights standards relating to the legal professions and their responsibilities; (cid:108) Integrate this new knowledge into his or her legal thinking and recognize the relevance of human rights standards to his or her professional activities; (cid:108) Develop the skills necessary to transform that knowledge into practical action; (cid:108) See clearly his or her particular role and opportunities for protecting human rights; (cid:108) Contribute to the evaluation of the course and its improvement. II. SPECIFIC OBJECTIVES OF THE INTRODUCTORY SESSION The specific objectives of the introductory session are to: (cid:108) Make the participants feel welcome and build an atmosphere of working together; (cid:108) Inform participants of the course objectives; (cid:108) Introduce the presentation team to the participants; (cid:108) Introduce the participants; (cid:108) Outline the subject matter to be covered; (cid:108) Outline the methodology to be used; (cid:108) Emphasize the importance of participants’ taking an active part in the course; (cid:108) Obtain initial feedback from and involvement of participants, for example, by asking them what they expect from the course. viii Human Rights in the Administration of Justice – A Facilitator’s Guide on Human Rights for Judges, Prosecutors and Lawyers