A/HRC/14/26
Lawyers’ associations
37.
Lawyers’ associations and bar associations have a specific interest in maintaining
the integrity, appropriate skills and quality of lawyers. An important aspect in this
connection is to ensure the highest standards of legal education for admission to the
profession, and to maintain these high standards through continuing legal education.15
38.
Lawyers play a crucial role in the promotion and protection of human rights through
client representation, case approaches and legal submissions and argumentation. This
facilitates the application of human rights law by the courts.
39.
Judges, prosecutors, public defenders and lawyers should receive continuing
education on human rights principles, norms, jurisprudence, declarations, guidelines and
rules as a means of strengthening the national systems of administration of justice. In
countries affected by armed conflict, training should also be provided on international
humanitarian law. This should be delivered via standard courses, workshops and seminars.
F.
Types of education and awareness-raising
Pre-service education and awareness-raising
40.
At the outset, it must be noted that education and awareness-raising play a major
role prior to, and throughout, the career of a judge or lawyer. In order to ensure the quality
of judges’ and lawyers’ work, it is necessary in the first place to pay particular attention to
the curricula at university law schools and faculties. In several States, university law
courses do not follow a unified framework. In this connection, previous Special
Rapporteurs have noted that in times of political transition and economic liberalization
there is often a “proliferation” of law faculties which operate in the absence of an approved
and unified, or at least harmonized, national curriculum.16 Furthermore, in such situations
one often notes shortages of qualified teaching personnel.17
41.
While in some States there is a specific entry exam and possibly a preparatory and
educational period for judges to be selected for office, there is no equivalent admission
procedure for lawyers. In a number of States admission to the bar is granted on the basis of
a university examination in law. In view of the varying educational quality of such
university examinations, this may pose a significant obstacle to the reliability and
effectiveness of the professional legal counsel provided by lawyers. The introduction of a
mandatory training period prior to admission to the legal profession would certainly
enhance the general quality of lawyers’ services.18
Initial education
42.
In some States, judges, upon entry into office, are required to participate in induction
courses for the judiciary. In other States, however, owing to the lack of a harmonized
framework, the length and content of such courses or initiatives depend on the tribunal or
court where the judge takes up his or her duty. In most States, this initially relates to the
updating of relevant knowledge in the legal area in which the judges will perform their
functions. The Special Rapporteur considers that initial education should also cover basic
education on the country’s human rights international obligations. Incoming judges should
also be made acquainted with the impact of decisions of international or regional judicial or
15
16
17
18
10
See IBA Standards for the independence of the legal profession, article 18 h.
E/CN.4/2006/52/Add.4, para. 27; E/CN.4/2006/52/Add.3, para. 55; E/CN.4/2005/60/Add.2, para. 24.
Ibid.
E/CN.4/2006/52/Add.4, para. 93.
GE.10-12622
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