A/HRC/35/31
when women want to exercise their rights before the courts; stating that impunity for
certain kinds of crime, particularly sex-related crimes, is a source of obvious discrimination
and an obstruction with regard to the exercise of the right of access to justice (see
A/HRC/8/4, para. 51); and identifying the need to implement and coordinate within the
State a range of processes, mechanisms, laws and policies in order to achieve a gendersensitive judiciary.
62.
In 2011, the Special Rapporteur identified the conditions under which a gendersensitive judiciary could be developed and how the judiciary could foster women’s human
rights (A/HRC/17/30 and Corr.1). She further addressed the necessity for setting up rules of
procedure and guarantees that are gender-sensitive in order to ensure the equality of women
before the courts, and noted that women must benefit from the right to a fair trial and
equality before the courts without discrimination based on their gender (A/66/289).
63.
The system of administration of justice has a crucial role to play in relation to the
effective protection of women’s human rights, the empowerment and development of
women and the advancement of gender equality (see A/HRC/17/30 and Corr.1, para. 82).
Children in the justice system
64.
In 2004, the Special Rapporteur noted that special attention had to be paid to the
administration of justice in the case of children, in particular children in conflict with the
law, noting that minors should enjoy at least the same guarantees and protection as adults
pursuant to article 14 of the International Covenant on Civil and Political Rights (see
E/CN.4/2004/60, para. 51).
65.
In 2015, the Special Rapporteur devoted a full report to the issue of children in the
justice system (A/HRC/29/26 and Corr.1). She looked at the protection of children’s rights
in the justice system and analysed the essential role that must be played by judges,
prosecutors and lawyers in upholding children’s human rights and applying international
human rights norms, standards and principles at the domestic level. She concluded that
investing in child-sensitive justice is indispensable to strengthening the rule of law and the
enjoyment of human rights by all, as well as to building flourishing democratic societies
(ibid., para. 2).
66.
The Special Rapporteur further underlined that in all decisions relating to children,
including in the context of the administration of justice, the best interest of the child must
be paramount. This statement not only implies that children have special rights, but also
that their needs and interests must be given primary consideration in all the aspects of the
justice system.
6.
Access to justice and legal aid
67.
The Special Rapporteur has dedicated extensive work to the issue of access to justice
and, more particularly, legal aid (see, for instance, A/62/207, A/HRC/8/4, A/HRC/14/26,
A/HRC/17/30 and Corr.1, A/69/294 and A/HRC/29/26 and Corr.1). In 2014, the Special
Rapporteur demonstrated the need to integrate the concept of the rule of law, including
access to justice, into the post-2015 development agenda (A/69/294). She noted that access
to justice is a legally complex issue because it constitutes both the means for realizing and
restoring rights, but is also a fundamental human right in itself. On the issue of legal aid
more particularly, the Special Rapporteur strongly advocated for legal aid to be available to
all individuals engaged with the justice system as its aim is to contribute to the elimination
of obstacles that impair equal access to justice (A/HRC/23/43).
7.
Education, training and capacity-building of judges, lawyers and prosecutors
68.
The need for high-quality education and continuing training of judges, prosecutors
and lawyers was highlighted in a series of reports over the years (see, for instance,
A/HRC/11/41, A/HRC/14/26, A/65/274, A/66/289, A/HRC/20/19, A/HRC/20/20,
A/HRC/29/26 and Corr.1 and A/71/348). Proper administration of justice requires judges,
lawyers and prosecutors to have a solid legal training, including on-the-job training that
takes account of the most recent developments in law and national jurisprudence and
covers, inter alia, international human rights standards and principles, international
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