A/HRC/41/48 90. There may be situations in which a judge, as a member of society, considers that he or she has a moral duty to speak out. The jurisprudence of regional courts has established that in situations where there is a breakdown of constitutional order, judges may even have a duty to speak out in favour of the restoration of democracy and the rule of law. 91. Throughout the report, the Special Rapporteur has documented various forms of interference with the exercise of fundamental freedoms by judges and prosecutors. Not all disciplinary measures adopted against them can be regarded as necessary in a democratic society to maintain public trust in the judiciary or the public prosecution. In some cases, these sanctions appear to be an expedient to punish the individual judge or prosecutor for the opinions expressed or the action taken in the exercise of his or her duties. In some circumstances, the severity of the sanction also has a chilling effect on other members of the judiciary or public prosecution, who may be discouraged from expressing critical views out of fear of being subjected to punitive measures. IX. Recommendations 92. In the light of existing international and regional standards outlined in the report, and taking into account the jurisprudence of regional human rights courts and mechanisms, the Special Rapporteur would like to offer the following recommendations. Development and implementation of national standards 93. National legislation on the organization and functioning of the judiciary and the public prosecution should include specific provisions recognizing that judges and prosecutors are entitled to exercise the right to freedom of expression, belief, association and assembly, as well as political rights, on an equal basis with others, and that the exercise of these rights can only be subject to those restrictions that appear necessary in a democratic society to maintain the authority of the judiciary or the public prosecution, as well as the independence and impartiality of individual judges and prosecutors. 94. Professional associations of judges and prosecutors should include specific provisions in codes of conduct, where these exist, or otherwise develop specific guidelines on the exercise of fundamental freedoms by judges and prosecutors. Such standards should serve as self-regulatory standards that help judges and prosecutors to make their own decisions on how to exercise their human rights and fundamental freedoms in a manner consistent with the dignity of their office and the independence and impartiality of the judiciary or the prosecution service. As such, these principles should remain separate from the disciplinary rules applicable to judges and prosecutors, in the sense that failure to observe such principles should not automatically constitute a disciplinary infringement. 95. The Special Rapporteur considers that judges and prosecutors themselves are best placed to determine the scope and content of legal and ethical norms on the exercise of their fundamental freedoms and political rights. Accordingly, national legislation and ethical standards should be developed through an open and transparent process involving judges, prosecutors and their representative organizations. Existing international standards relating to the exercise of fundamental freedoms and the jurisprudence of regional human rights courts and mechanisms should be taken into account in the development and implementation of such principles. 96. Judges and prosecutors should receive adequate training on ethical principles relating to the exercise of their fundamental freedoms, both in relation to their profession and with regard to outside activities. Such training should include, in particular, practical guidance on the use of social media. 17