A/HRC/32/34 impartially and on an equal footing to all. In doing so, they should ensure that they are independent, from a personal, a political but also an intellectual point of view. They should be completely detached from the parties in the litigation. They should also be individually autonomous and enjoy what Owen Fiss called political insularity, that is, independence from political institutions and the public in general.14 46. Lawyers, too, have to commit to the independence of their profession and recognize the central role they play in the justice chain. Practising law is not a business but a profession which comes with specific rights but also essential duties and a code of deontology to respect. Lawyers put their knowledge at the service of representation and defence of their clients. E. Building a domestic culture of judicial independence 47. Domestic rules and standards are important for many reasons. They have both a symbolic and a legal value and they inform the public on the behaviours that are acceptable and those that are prohibited. A review of domestic legal provisions in order to enshrine the requirements for the independence of judges, lawyers and prosecutors is imperative for more than one State. 48. However, norms alone are not sufficient. They require a legal culture, that of the rule of law, in which respect for the independence of judges and lawyers plays a crucial role. Such a legal culture is built through both formal education, delivered in law schools and schools for the judiciary, and informal education, which requires political acts and signals, including at the highest level of government, to send adequate messages highlighting the importance of respecting and enforcing these rules. In this case, government officials, political and social leaders, and academics have an important role to play. An official discourse hostile to the independence of judges, lawyers and/or prosecutors, even if not followed by concrete action, contributes to delegitimizing the judiciary and to undermining the main mechanism at the disposal of democratic societies for the peaceful settlement of disputes and for providing an effective remedy to victims of human rights violations. 49. As seen above, a solid set of international legal rules, standards and principles aimed at ensuring and reinforcing the independence and integrity of the justice system exists today. In many countries, a comprehensive set of domestic rules and principles is in place too. Yet, independence should not be taken for granted. Indeed, ensuring independence requires continuous attention and monitoring to identify and tackle new or re-emerging problems and challenges triggered by societal, political and economic changes. These challenges require proper action by States but also adequate monitoring by civil society and other stakeholders. IV. Indicators 50. The Special Rapporteur considers that it is a priority that judges, prosecutors, lawyers, State institutions, and other stakeholders, including the international community, be able to gather information on the independence, impartiality and effective functioning of specific justice systems in a more systematic and consistent way in order to assess them against international standards on the matter. 14 Owen Fiss, “The limits of judicial independence”, University of Miami Inter-American Law Review, vol. 25, No. 1, p. 57. 11

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