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International Laws and Standards that Affect Policing
Universal
Declaration of Human Rights (UDHR)
The
1948 UDHR is a fundamental source for legislative and judicial practice
across the world, and a basis for all other international treaties
and conventions discussed below. The UDHR defines the duty of governments
to protect people's human rights, and lays down principles or standards
for all nations to follow.
Standard
Minimum Rules for the Treatment of Prisoners
Adopted
by the First United Nations Congress on the Prevention of Crime
and the Treatment of Offenders in 1955, and approved by the Economic
and Social Council in 1957, these rules set out principles and good
practice in the treatment of prisoners and the management of institutions.
The Rules were among the first international instruments for the
protection of the rights of those accused of committing a criminal
offence.
International
Convention on the Elimination of All Forms of Racial Discrimination
(ICERD)
Adopted
in 1965, ICERD reaffirms that all human beings are born free and
equal in dignity, and should be entitled to equal protection of
the law against any discrimination. Signatory states take responsibility
for prohibiting and eliminating racial discrimination in all its
forms. The UN Committee on the Elimination of Racial Discrimination
was established under this Convention to monitor how the states
have fulfilled their undertakings. The Committee also accepts complaints
from one state about racial discrimination by another state.
International
Covenant on Civil and Political Rights (ICCPR)
The
1966 ICCPR widened the range of rights established by the EDHR and
established the UN Human Rights Committee to monitor implementation.
Optional
Protocol to the International Covenant on Civil and Political Rights
Also
adopted in 1966, this optional protocol sets up systems for the
Human Rights Committee to receive and consider communications from
individuals who claim to be victims of human rights violations by
any signatory states.
Convention
on the Elimination of All Forms of Discrimination against Women
(CEDAW)
Adopted
in 1979, CEDAW defines discrimination against women and provides
the basis for the realisation of equality between women and men.
States which ratify CEDAW are legally bound to puts its provisions
into practice. It established the Committee on the Elimination of
Discrimination against Women, which can receive and consider communications
or complaints about gender discrimination from individuals or groups.
UN
Code of Conduct for Law Enforcement Officials
Adopted
in 1979, this code sets out basic standards for policing agencies
across the world. It requires police officials in signatory states
to recognize the rights set out in the UDHGR and other international
conventions.
Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (CAT)
Adopted
in 1984, the CAT prohibits the use of torture or any other inhuman
or degrading treatment in attempting to obtain information from
a suspect. It is one of the most important declarations to be observed
by police officials in the exercise of their duty. The CAT established
the Committee against Torture, which can consider individual complaints
and complaints about torture from one state about another.
United
Nations Standard Minimum Rules for the Administration of Juvenile
Justice ("The Beijing Rules")
Adopted
in 1985, the Rules are intended to be universally applicable across
different legal systems, setting minimum standards to be observed
in the handling of juvenile offenders. These rules require that
law enforcement agencies respect the legal states of juveniles,
promote their well-being, and avoid any harm to young suspects or
offenders.
Declaration
of Basic Principles of Justice for Victims of Crime and Abuse of
Power
Adopted
in 1985, this Declaration defines victims and their rights, and
aims to ensure that police, justice, health, social services and
other personnel dealing with victims are able to provide proper
and prompt aid.
Body
of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment
Adopted
in 1988, the Body of Principles reaffirms that no one in any sort
of detention or imprisonment shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment, or to any form
of violence or threats.
Principles
on the Effective Prevention and Investigation of Extra-Legal, Arbitrary
and Summary Executions
Recommended
by the Economic and Social Council in 1989, this document defines
principles concerning the arbitrary deprivation of life, and sets
up measures to be taken by government to prevent, investigate and
take legal proceedings in relation to extra-legal, arbitrary and
summary executions. The Principles should be taken into account
and respected by governments within the framework of their national
legislation and practices.
Convention
on the Rights of the Child (CRC)
Adopted
in 1989, the CRC recognizes the rights of children, including child
suspects, and requires that every child alleged to have infringed
the penal law should be treated in a manner consistent with the
promotion of the child's sense of dignity and worth. A Committee
on the Rights of the Child was established, but it does not accept
individual cases.
Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials
Adopted
in 1990, during the 8th United Nations Congress on the Prevention
of Crime and the Treatment of Offenders, these principles set up
a series of human rights standards regarding the use of force and
firearms by law enforcement officials. They function as the global
standards for police agencies worldwide, although they are not enforceable
in law.
United
Nations Standard Minimum Rules for Non-Custodial Measures ("The
Tokyo Rules")
Adopted
in 1990, the Tokyo Rules are basic principles set up by the United
Nations in order to promote the use of non-custodial measures in
punishment, as well as minimum safeguards for persons subject to
alternatives to imprisonment.
United
Nations Rules for the Protection of Juveniles Deprived of their
Liberty
Adopted
in 1990, these rules are intended to establish minimum standards
for the protection of juveniles deprived of their liberty in all
forms, consistent with human rights and fundamental freedoms, and
with a view to counteracting the detrimental effects of all types
of detention and to fostering integration in society.
Declaration
on the Protection of all Persons from Enforced Disappearance
Adopted
in 1992, this body of principles arose from a deep concern in the
United Nations that in many countries there were persistent reports
of enforced disappearance caused by officials of different levels
of the government, often police officials.
Declaration
on the Elimination of Violence against Women
Adopted
in 1993, this Declaration requires governments to develop policies
that will eliminate violence against women; and sets standards for
government and law enforcement agencies to combat such violence,
particularly sexual violence.
Principles
Relating to the Status and Functioning of National Institutions
for Protection and Promotion of Human Rights ("Paris Principles")
Set
of internationally recognized standards created to guide states
in the setting up of effective human rights commissions. The Paris
Principles were endorsed by the United Nations General Assembly
in December 1993.
United
Nation Convention against Corruption (CAC)
Adopted
in 2003 but not yet in force, the CAC calls for international cooperation
to prevent and control corruption, and to promote integrity, accountability
and proper management of public affairs and property.

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