A/HRC/14/26
against Women, the Committee’s general recommendations and related legislation are
made an integral part of legal education and training of judicial officers, including judges,
prosecutors and lawyers and to ensure that, in particular, judges and officers of tribunals
and special courts are familiar with the Convention’s and the State’s obligations thereunder.
27.
The Committee against Torture called upon one Member State to provide adequate
training on the prohibition of torture to judges and prosecutors in order to strengthen the
independence of the judiciary.8 The Human Rights Committee has also recommended that
particular attention should be given to the training of judges in order to enable them to
render justice promptly and impartially.9
28.
The Office of the United Nations High Commissioner for Human Rights has
developed human rights training materials in the field of the administration of justice.10
D.
Provision of human rights education for judges, prosecutors and
lawyers
Judges
29.
Courses for judges, prosecutors and lawyers should be grounded in the international
human rights standards concerning the administration of justice, in particular article 14 of
the International Covenant on Civil and Political Rights and the Basic Principles on the
Independence of the Judiciary. According to the Basic Principles and various regional
standards,11 appropriate education is one of the preconditions for selection for judicial
office. The Special Rapporteur would like to point to Recommendation No. R (94) 12
issued by the Committee of Ministers of the Council of Europe, which specifically provides
for training during the judicial career which should be free of charge and in particular
concern recent legislation and case law.12 The Recommendation further enshrines the duty
of the judges to undergo any necessary capacity-building in order to be able to carry out
their duties in an efficient and proper manner.
30.
The Statute of the Ibero-American Judge states that continuing training, which is
generally voluntary, can be mandatory in specific cases such as the taking up of higher
judicial duties or major legal reforms. Furthermore, it enshrines continuing training as a
right of the judge and an obligation of the judiciary.
Lawyers
31.
The Special Rapporteur would like to point out that Principle 9 of the Basic
Principles on the Role of Lawyers provides that Governments must ensure that lawyers
8
9
10
11
12
8
CAT/C/CR/34/ALB, paras. 7 (e) and 8 (e).
CCPR/C/79/Add.118, para. 14.
These include a Manual on Human Rights for Judges, Prosecutors and Lawyers; a Handbook of
International Standards relating to Pre-trial Detention; a Manual on Human Rights Training for the
Police; a Manual on Human Rights Training for Prison Officials; a Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; and a Training Manual on Human Rights Monitoring. OHCHR training and educational
material is available online at http://www.ohchr.org/EN/PublicationsResources/Pages/
TrainingEducation.aspx.
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, A (4) (i) and
(k); Recommendation No. R (94) 12 of the Committee of Ministers of the Council of Europe, (94) 12,
Principle III (1); Statute of the Ibero-American Judge, art. 24.
Principle III (1).
GE.10-12622
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