Judgment No CCZ 8/16 12 Const. Application No CCZ 48/15 “The Court notes that General Assembly resolutions, even if they are not binding, may sometimes have normative value. They can, in certain circumstances, provide evidence important for establishing the existence of a rule or the emergence of an opinion juris. …….. [A] series of resolutions may show the gradual evolution of the opinio juris required for the establishment of new rule.” With reference to “soft law” generally, John Dugard: International Law (4th ed.) at pp 33-34, observes that such law constitutes: “imprecise standards, generated by declarations adopted by diplomatic conferences or resolutions of international organisations, that are intended to serve as guidelines to states in their conduct, but which lack the status of ‘law’. …….. The passage of time and state practice in support of such a standard may convert it into a customary rule, but until this occurs it serves as a useful guide to state conduct.” In normative terms, the Standard Minimum Rules of 1957 are generally considered to be “soft law” and cannot be equated to obligations under a treaty or convention. The same applies to the successor Rules of 2015. As such, they are not legally binding on member States of the United Nations. Nevertheless, the general consensus amongst States is that they are highly persuasive in influencing and regulating the treatment of prisoners and the administration of penal institutions generally. They are regarded as being the primary source of standards relating to treatment in detention and as the key framework used by monitoring and inspection mechanisms in assessing the treatment of prisoners. Some of the principles embodied in the 1957 and 2015 Rules are now recognised and replicated in s 50 of the Constitution which elaborates the rights of arrested and detained persons. Thus, in terms of s 50(1)(c), any person who is arrested “must be treated humanely and with respect for their inherent dignity”. More specifically, s