A/HRC/14/26 United Nations General Assembly Distr.: General 9 April 2010 Original: English Human Rights Council Fourteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Special Rapporteur on the independence of judges and lawyers, Gabriela Carina Knaul de Albuquerque e Silva* Summary The report of the Special Rapporteur on the Independence of Judges and Lawyers examines the need for continuing education in international human rights law for magistrates, judges, prosecutors, public defenders and lawyers. The report begins by stressing the interconnected nature of the rule of law, democracy, the principle of separation of powers and the independence of the judiciary and the independence and impartiality of magistrates and judges. It refers to efforts that have already been undertaken by organs of the international community to identify the need for continuing legal education and training to enable magistrates, judges and lawyers to apply international human rights standards, norms and principles in the consideration of domestic cases. The Special Rapporteur notes that, despite numerous reports, declarations and resolutions by international organs, there is still a considerable gap between the continuing human rights legal education offered to judges and lawyers, and the outcomes obtained with regard to the application of international human rights law in specific domestic cases. The Special Rapporteur considers that either capacity-building provision has been insufficient, or the tools and methodology used were not the most appropriate. Whatever the case, the specificities inherent to judges and lawyers, and their different levels and categories, should always be considered when designing or implementing human rights education programmes. The report also notes that magistrates, judges, prosecutors and lawyers are faced with various difficulties with regard to attending continuing education programmes: work overload; high cost of training courses and seminars; lack of opportunity to attend courses, etc. The Special Rapporteur considers that if the objectives of having strong judiciaries and * Late submission. GE.10-12622 (E) 270410