A/HRC/14/26
Compulsory or optional schemes
56.
In many States, continuing legal education for judges and lawyers appears to be
optional29 and at the discretion of the respective individual judges and lawyers. In other
States, there is a predetermined scheme and schedule for such educational undertakings.
Again in some other countries, there is a framework for continuing education. Judges
should be required to undergo all necessary courses to allow them to carry out their duties
in an efficient, impartial and proper manner.30
57.
The Special Rapporteur is of the view that a basic scheme of continuing legal
education should be compulsory for all judges31 and lawyers. Specific additional education
should be undertaken in certain circumstances, for example in the case of taking up higher
judicial duties or changing to another jurisdiction. Also, targeted additional continuing
education should be conducted prior to and following major legal reforms. Such reforms
are sometimes precipitated by the ratification of an international or regional human rights
treaty, which should consequently also be part of the educational programme.
Periodicity
58.
A characteristic of human rights standards and rules is that they evolve over time.
This requires legal education programmes for judges and lawyers to be planned and
implemented on an ongoing basis at specific intervals.
Examinations
59.
The Special Rapporteur notes that few States have judicial career systems with
periodic examinations that serve to ensure the continuing quality of the administration of
justice. She would like to emphasize the importance of such schemes, which should also be
given due consideration in the promotion of judges and in the process of election for judges
and magistrates.
Costs and resources
60.
Legal education programmes for judges should be free of charge and financed from
the judiciary budget within a specific budget line. This should likewise be the case for
lawyers while the budget should be covered by the membership fees paid by lawyers to
their associations.
61.
It is of paramount importance that educational institutions and structures for judges
and lawyers be adequately equipped with human and material resources as otherwise the
quality of the education may suffer and not bring about the expected results.32
62.
The Special Rapporteur notes that there are good practices and standards in a
number of States that it would be important and meaningful to share with other States. The
Special Rapporteur will be sending out a questionnaire to Member States regarding certain
aspects and practices of legal education for judges and lawyers.
29
30
31
32
GE.10-12622
See for example E/CN.4/2006/52/Add.3, para. 42.
See also Recommendation No. R (94) 12, Principle V, para. 2 (g).
See also E/CN.4/2006/52/Add.3, para. 86.
See also E/CN.4/2006/52/Add.3, para. 86.
13
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