Human rights promotion and protection depend on the existence of a well-functioning justice system and of laws that comply with international human rights standards and norms. The reforms in both sectors are therefore intimately linked. Most post-conflict states lack a functioning and legitimate judicial system. Reforms and efforts to (re)build that system are crucial elements in the process of promoting and protecting human rights.
More specifically, the following activities explicitly refer to human rights:
• Law reform: reforming/redrafting laws in accordance with international human rights standards; promulgation of legal codes and statutes including fair trial norms (civil and criminal) in line with the protection of basic human rights;
• Standards for the independence of the judiciary and other justice officials;
• Human rights training and education for judges, prosecutors, and public defenders;
• Guarantee of freedom of lawyers to practice their profession without fear of retribution;
• Protection of human rights defenders who attempt to use the judicial system to redress human rights abuses;
• Removing discriminatory provisions from existing statutes and ensuring that transitional regulations adopted under the authority of the United Nations are compatible with human rights norms.
• Oversight and accountability mechanisms: judges and lawyers must be accountable, if they engage in criminal or unethical conduct, especially corruption. Fair and transparent processes must be established to handle such disciplinary actions and to show the public that things have changed and that no one is above the law. Some law practitioners working in post-conflict settings argue that oversight and accountability may be the single most important factors in the wide range of human rights and justice and rule of law activities, but are also often missed. These are important not only in the immediate aftermath of a violent conflict, but also to ensure a sustainable peace.
