A/HRC/41/48 aimed at protecting the honour of the office and the independence and impartiality of the judiciary. 64. In the majority of countries that responded to the Special Rapporteur’s questionnaire, judges and, to a lesser extent, prosecutors, cannot be members of political parties, attend political gatherings or participate in public demonstrations and protests (see para. 73 below). In some countries, they cannot be members of trade unions, 46 commercial companies or cooperatives47 or organizations that practice invidious discrimination. 48 In other countries, the Constitution or national legislation include specific limitations on the right of judges and prosecutors to participate in strike actions. 49 VI. Political rights 65. Political rights are intimately linked to the exercise of the rights to freedom of expression, peaceful assembly and association. In explaining the links between them, the Human Rights Committee pointed out that those fundamental freedoms represented essential conditions for the effective exercise of the right to vote and had to be fully protected.50 The Inter-American Court of Human Rights acknowledged that those rights, taken as a whole, made the democratic process possible.51 66. Except for the exercise of the right to vote, the participation of judges and prosecutors in political activities poses some dilemmas. As citizens, judges and prosecutors are allowed to exercise their political rights on an equal basis with other citizens. However, in order to preserve public confidence in the judicial system, it is widely accepted that judges should show restraint in the exercise of public political activity. Even in cases where their membership of a political party or their participation in public debate is not expressly prohibited, it is necessary for judges and prosecutor to refrain from any political activity that may compromise their independence or jeopardize the appearance of impartiality. 67. In defining the appropriate degree of involvement of the judiciary in public debate, two factors need to be taken into account. The first is whether the judge’s or prosecutor’s involvement could reasonably undermine confidence in his or her impartiality. The second is whether such involvement may unnecessarily expose the judge or the prosecutor to political attacks or be inconsistent with the dignity of his or her office. If either is the case, the judge or the prosecutor should avoid such involvement. 68. This does not mean that judges and prosecutors should refrain from expressing their views on any issue that may have political implications. 69. In general terms, judges and prosecutors are allowed to make comments in defence of fundamental human rights and the rule of law, or to participate in activities or debates concerning national judicial policy or the administration of justice in the country. Judges and prosecutors should also be consulted and play an active part in the preparation of legislation concerning their status and, more generally, the functioning of the judicial system. Even on such occasions, however, they must be careful to avoid, as far as possible, entanglements in public controversies that may reasonably be seen as politically partisan. 70. With regard to direct involvement in politics, the Venice Commission expressed the view that judges should not put themselves into a position where their independence or impartiality could be questioned, noting that that was the reason why many States restricted the political activities of judges.52 In relation to prosecutors, the Commission considered that, as civil servants, prosecutors should not hold other State offices or perform any 46 47 48 49 50 51 52 Bulgaria, Colombia, Italy and Latvia. Bulgaria, Hungary, Lithuania and Slovenia. Bosnia and Herzegovina and Hungary. Albania, Colombia and Latvia. General comment No. 25 (1996) on participation in public affairs and the right to vote, para. 12. López Lone et al. v. Honduras, para. 160. “Report on the independence of the judicial system: part I – the independence of judges”, March 2010, para. 62. 13