A/HRC/35/31 3. Rule of law, separation of powers and the independence of judges and lawyers 14. Judicial independence is fundamental for the protection of human rights, democracy and the rule of law. In 1985, the General Assembly endorsed the Basic Principles on the Independence of the Judiciary. That independence, as stated by the Basic Principles, shall be guaranteed by the State and enshrined in the Constitution or the law of the country. 15. The Human Rights Council and its predecessor, the Commission on Human Rights, have highlighted in numerous resolutions the importance of an independent and impartial judicial system to uphold the rule of law, democracy and human rights. 2 Rule of law must be understood by virtue of the fact that, in democratic societies, people are equal under the law and no one can be above it. 16. The Special Rapporteur is convinced that respecting the rule of law and fostering the separation of powers and the independence of justice are prerequisites for the protection of human rights and democracy. However, independence of the judiciary cannot provide carte blanche to judges. They must act in accordance with the principles set out by the rule of law, democracy and the separation of powers. 17. Regarding the independence of lawyers, the Special Rapporteur fully endorses and supports the Basic Principles on the Role of Lawyers, which represent the most comprehensive international normative framework aimed at safeguarding the right of access to legal assistance and the independent functioning of the legal profession (see A/71/348, para. 22). They provide that all persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them at all stages of criminal proceedings. They also list the measures that Member States should adopt to ensure access to lawyers and legal services and establish several safeguards for the professional functions of lawyers and their security. 4. Towards an agenda for implementation 18. Several decades after the creation of the mandate, the entry into force of the International Covenant on Civil and Political Rights and the adoption of the Basic Principles on the Independence of the Judiciary, the Basic Principles on the Role of Lawyers and the Guidelines on the Role of Prosecutors, the most fundamental human rights related to the independence and impartiality of the justice system are still blatantly violated on a daily basis around the world. 19. The Special Rapporteur wishes to call on Member States and the international community to renew their efforts to disseminate the content of these instruments and other international standards relating to the independence of judges, lawyers and prosecutors, and to adopt urgent measures aiming at their full implementation. These measures shall include the swift transposition of international law into domestic law for States functioning under a strictly dualist system. They shall also include awareness-raising and training of judges, lawyers and prosecutors on the content and application of international norms at the domestic level for States functioning under a monist system. Awareness-raising and training on the jurisprudence of regional courts on the subject, when applicable, should also be undertaken. 20. As underlined in the Vienna Declaration and Programme of Action, the administration of justice, including law enforcement and prosecutorial agencies and, especially, an independent judiciary and legal profession in full conformity with applicable standards contained in international human rights instruments, are essential to the full and non-discriminatory realization of human rights and indispensable to the processes of democracy and sustainable development. 21. A positive example of the incorporation of international norms and standards can be seen in the Inter-American human rights system. The incorporation of the jurisprudence of the Inter-American Court of Human Rights by constitutional and supreme courts in Latin America is consolidating important democratic standards for the action in the national 2 See, for instance, Council resolutions 29/6 and 31/2. 5