A/HRC/14/26
quasi-judicial bodies, including treaty bodies and special procedures decisions, on domestic
law.
43.
Courts should develop and standardize induction courses and legal education
programmes.
Continuing legal education
44.
Besides the importance of pre-service and initial educational initiatives, particular
weight should be given to continuing learning opportunities for judges19 and lawyers20 to
allow them to discharge their duties independently in accordance with the relevant
professional standards and at a satisfactory level. United Nations treaty bodies have also
made relevant observations and recommendations in this respect.21
45.
Previous Special Rapporteurs noted that while, in certain cases, judicial organs have
decided on the requirement of continuing legal education, no action had been taken to
translate these requirements into legislation. In other cases, legislation reflects the
requirement for continuing legal education for judges, but that requirement is not
implemented in practice.
46.
Courts should introduce and develop programmes of continuing legal education,
including a range of presentations, conferences, interactive dialogues, workshops, seminars
and electronic publications that address judges’ educational needs in terms of human rights.
Such programmes can provide an opportunity for the courts to evaluate and monitor
progress in facilitating the enjoyment of human rights through judicial action by noting the
gaps which remain in the domestic system and analysing the consistency of national laws
with international norms.
G.
Specificities of continuing education
Content
47.
Particular attention should be given to the different levels and categories of judges.
Education programmes should be designed to take into account the different perceptions,
expectations, responsibilities and interests of each level and category.
48.
The Special Rapporteur notes that in a great number of States, pre-service, initial
and continuing legal education focuses almost entirely on domestic criminal, civil,
commercial and administrative law and the respective procedural provisions. Only in a few
States does continuing legal education cover the international obligations entered into by
the State, particularly in the human rights sphere. The Special Rapporteur is of the opinion
that pre-service, initial and continuing legal education should include relevant recent case
law at the international and regional levels and major legislative changes, which often stem
from the ratification of international or regional human rights instruments and other recent
developments in human rights law. It should further increase capacity-building on human
rights issues, in particular their application to specific cases.22
49.
Sometimes, legal systems undergo an entire structural and systemic transformation
such as has been witnessed by the Special Rapporteur in a recent country visit, notably at
19
20
21
22
GE.10-12622
Most recently A/HRC/11/41/Add.2, para. 99; A/HRC/4/25/Add.2, para. 26.
See A/HRC/11/41/Add.2, para. 65; A/HRC/4/25/Add.2, para. 41; E/CN.4/2006/52/Add.4. para. 62;
E/CN.4/2000/61/Add.1, para. 155.
CAT/C/KAZ/CO/2, para. 27.
For lawyers see Recommendation No. R (2000) 21, Principle II (3).
11
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