A/HRC/RES/44/9
Stressing the role that independent and effective national human rights institutions
established in accordance with the principles relating to the status of national institutions for
the promotion and protection of human rights (the Paris Principles) can and should play in
strengthening the rule of law and in supporting the independence and integrity of the judicial
system,
Recognizing that accessible and effective legal aid is an essential element of a fair,
humane and efficient system of administration of justice that is based on the rule of law,
Noting the rights and specific needs of women, children and persons belonging to
minorities, particularly those in situations of vulnerability who are in contact with justice
systems, who may require particular attention, protection and skills from the professionals
interacting with them, especially from lawyers, prosecutors and judges,
Acknowledging the importance of a privileged lawyer-client relationship based on the
principle of confidentiality,
Deeply concerned about the loss of life and livelihoods and the disruption to
economies and societies caused by the coronavirus disease (COVID-19) pandemic and about
its negative impact on the enjoyment of human rights around the world, and noting the threats
and challenges posed by such extraordinary situations to justice systems, including with
regard to access to justice,
Reaffirming that emergency measures, including those that relate to the administration
of justice, taken by States in response to extraordinary situations, including the COVID-19
pandemic and other crisis situations, must be necessary, proportionate to the evaluated risk
and applied in a non-discriminatory way, have a specific focus and duration, and be in
accordance with the State’s obligations under applicable international human rights law,
Reaffirming also the Human Rights Council resolutions in which the Council
extended the mandate of the Special Rapporteur on the independence of judges and lawyers
for a period of three years, and acknowledging the importance of the mandate holder’s ability
to cooperate closely, within the framework of the mandate, with the Office of the United
Nations High Commissioner for Human Rights, including in the fields of advisory services
and technical cooperation, in the effort to guarantee the independence of judges and lawyers,
1.
Calls upon all States to guarantee the independence of judges and lawyers and
the objectivity and impartiality of prosecutors, and their ability to perform their functions
accordingly, including by taking effective legislative, law enforcement and other appropriate
measures that will enable them to carry out their professional functions without interference,
harassment, threats or intimidation of any kind;
2.
Encourages States to promote diversity in the composition of the members of
the judiciary, including by taking into account a gender perspective and by actively
promoting the balanced representation of women and men from various segments of society
at all levels, and of persons belonging to minorities and other disadvantaged groups, and to
ensure that the requirements for joining the judiciary and the selection process thereof are
non-discriminatory, public and transparent, and based on objective criteria, and guarantee the
appointment of individuals of integrity and ability with appropriate training and
qualifications in law, based on individual merit and under equal working conditions;
3.
Stresses that the term of office of judges, their independence, security,
adequate remuneration, conditions of service, pensions and age of retirement should be
adequately secured by law, that the security of tenure of judges is an essential guarantee of
the independence of the judiciary and that grounds for their removal must be explicit, with
well-defined circumstances provided by law, involving reasons of incapacity or behaviour
that renders them unfit to discharge their functions, and that procedures upon which the
discipline, suspension or removal of a judge are based should comply with due process;
4.
Encourages States to develop, as appropriate, policies, procedures and
programmes in the area of restorative justice as part of a comprehensive justice system;
5.
Also encourages States to consider, in collaboration with relevant national
entities such as bar associations, associations of judges and prosecutors, and educational
institutions assisting the judiciary developing guidance on issues such as gender, children,
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