A/HRC/14/26 III. Continuing education on human rights as a guarantee for the independence of judges and lawyers A. The rule of law, democracy, the principle of separation of powers and the independence of the judiciary 17. The former Commission on Human Rights identified the independence of the judiciary and the separation of powers as two essential elements of democracy.2 Separation of powers, the rule of law and the principle of legality are inextricably linked in a democratic society. The independence of the judiciary is a core component of democracy, the rule of law and good governance. It should be strengthened both in an institutional manner, vis-à-vis other branches of power, as well as in an individual manner (independence of the judges). States should respect the United Nations Basic Principles on the Independence of the Judiciary, the United Nations Basic Principles on the Role of Lawyers and the Guidelines on the Role of Prosecutors. 18. In the reports of her predecessor to the Human Rights Council (A/HRC/11/41) and the General Assembly (A/64/181), an extensive analysis of parameters and safeguards to strengthen the independence of judges and lawyers was presented. In both reports, appropriate legal education for judges and lawyers was described as a determining factor for their independence.3 B. Efforts undertaken to improve continuing education on human rights for judges, prosecutors and lawyers 19. The quality of the administration of justice has a direct impact on democracy and the development of States, which is the reason why the independence of the legal profession needs to be strengthened. Judges, prosecutors, public defenders and lawyers must be aware of, and sensitive to, human rights standards, principles, rules and jurisprudence, international human rights systems and international and regional courts in order to strengthen democracy, the rule of law and good governance at the national level. They should be competent to interpret and implement international human rights law at the domestic level, in addition to possessing practical administrative and managerial skills. 20. During her presentation to the sixty-fourth session of the General Assembly, the Special Rapporteur stated that she would try to encourage and stimulate periodic regional meetings with all actors in the judicial system. The examples of the Bangalore Principles of Judicial Conduct and the Harare Declaration by senior judges prove the importance of such meetings. The Special Rapporteur also stated that these meetings could involve training on international human rights principles and norms and, in addition, provide an opportunity for the exchange of information and ideas as to how their implementation can best be achieved in national judicial systems. The Special Rapporteur expresses the hope that such meetings will lay the building blocks for a genuinely judicial approach towards the implementation of international human rights norms. 21. Judges, when considering and deciding a case, first and foremost tend to turn to domestic legislation. Likewise, lawyers will, in the first instance, primarily rely on the 2 3 6 See Commission on Human Rights resolution 2002/46 entitled “Further measures to promote and consolidate democracy” para. 1; and resolution 1999/57 on “Promotion of the right to democracy”, para. 2. A/HRC/11/41, paras. 80–84; A/64/181, paras. 28–30. GE.10-12622