A/HRC/14/26
have appropriate education and training,13 so as to be able to exercise the rights and duties
set out in Principles 12 to 15, consisting primarily in advising and protecting the rights of
their clients and in upholding the cause of justice.
32.
The International Bar Association’s (IBA) Standards for the Independence of the
Legal Profession define the functions of lawyers’ associations as including “to promote a
high standard of legal education as a prerequisite for entry into the profession”. The
functions of the lawyers’ associations should also include the continuing education of
lawyers and the public on the role of a Lawyers’ Association. Also, Principle II (2) of
Recommendation No. R (2000) 21 of the Committee of Ministers of the Council of Europe,
requires that all necessary measures be taken to provide for the continuing education of
lawyers.
E.
Roles and responsibilities of main stakeholders
Member States
33.
The full implementation of all human rights obligation by a State can only be
achieved if those obligations are enforced by judicial, administrative and other decisions or
actions. States therefore have a specific interest in ensuring that those involved in the
administration of justice have appropriate knowledge of human rights norms and are in a
position to implement them. It is thus incumbent on the respective authorities and State
institutions to put in place a legislative and policy framework facilitating and supporting
human rights legal education and training for judges and lawyers.
34.
In this context, it is imperative that the legislature ensures that the judiciary receive
sufficient funding from the national budget specifically allocated to continuing legal
education. The funding should cover the costs of both human and material resources.
Judiciary
35.
The judiciary has a critical role to play in assisting in the application of human rights
principles and norms binding on the State. The decisions that are made by courts of law can
advance, but also hamper, the enjoyment of human rights. Courts may thus contribute
considerably to the upholding and implementing by the State of its international human
rights obligations by referring to the commitments that the State has undertaken at the
international level. The judiciary is central to reinforcing and ensuring accountability for
the obligations that the State has undertaken to honour its commitments at the national
level. In most jurisdictions, formal recognition of human rights in the constitution is an
initial step. At times, the content of the rights has to be interpreted by the courts in cases of
conflicting perceptions, vagueness or lack of conceptual clarity. The courts in this regard
are important stakeholders in interpreting the standards and their applicability at the
domestic level.
36.
In this connection, the specific role of judges within the State structure confers upon
the judiciary the obligation14 to provide for stringent entry exams for admission as judges
and subsequently for a continuing scheme of legal education.
13
14
GE.10-12622
See also Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa,
Principle I (a).
See Statute of the Ibero-American Judge.
9
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