A/HRC/14/26
94.
From the reports of the Special Rapporteur’s predecessors and her own
experience, the Special Rapporteur concludes that there is an imperative and urgent
need for the systematic and continued international human rights law education of
judges, prosecutors, public defenders and lawyers. They should be given the
opportunity of continuing education in international human rights principles, norms,
rules and jurisprudence, from the United Nations and regional organs and treaty
bodies, and from the United Nations special procedures on issues such as the due
process of law or the right to a fair trial. Judges, prosecutors and lawyers must be
given the necessary information on the possibilities of application, at the domestic
level, of international human rights principles, norms and standards.
95.
In the opinion of the Special Rapporteur, this problem should be tackled in two
stages. First, a global thematic study should be carried out at the international level to
assess the human rights education and continuing training of judges, prosecutors,
public defenders and lawyers currently in place. This would provide the scientific
basis for a second stage, an international conference on the methods for the legal
human rights education and training to be provided.
96.
In this context, it seems necessary to determine the internal and structural
features of domestic judicial systems that affect their capacities to contribute to the
implementation of international and regional human rights principles, norms and
standards.
97.
Judges, prosecutors, public defenders and lawyers must be adequately
educated and informed on a regular and continuing basis on new developments in
international human rights law, principles, standards and case law.
98.
The legal education and continuing training of judges, prosecutors, public
defenders and lawyers is a theme which should be sustained. States should establish
compulsory, periodic and continuing legal education for judges, prosecutors, public
defenders and lawyers, particularly in the area of international human rights law, and
in countries affected by armed conflicts, particularly in the area of international
humanitarian law and transitional justice. Particular attention should be given to the
methods for the domestic application of international human rights law.
B.
Recommendations
99.
The Special Rapporteur submits to the Human Rights Council the following
recommendations:
(a)
The Office of the United Nations High Commissioner for Human Rights
(OHCHR), in cooperation with the Special Rapporteur on independence of judges and
lawyers, should support initiatives whereby the education and continuing education of
judges, prosecutors, public defenders and lawyers on international human rights law
will be strengthened. Such initiatives should ensure the integration of human rights
principles, norms and standards in their efforts to strengthening national justice
systems and institutions;
(b)
The development of human rights education programmes for judges,
prosecutors, public defenders and lawyers is crucial to ensuring a solid foundation for
democracy and the rule of law. International cooperation, including that provided by
OHCHR, should be encouraged and supported;
(c)
Continuing learning on international case law and national case law
relevant to human rights should be supported. An international database should be
20
GE.10-12622
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents