A/HRC/32/34
37.
However, democracy is not static; it is evolving with societies and presents different
characteristics. Yet, none of these characteristics must impair the core principles of the
independence and impartiality of the justice system.
38.
A strong and independent legal profession is also needed to ensure access to justice
and the right to equality before the courts and a fair trial, including specific due process of
law guarantees in criminal proceedings. For this reason, lawyers must be free to consult and
assist their clients, provide legal advice and exercise their profession in a free and secure
environment.
D.
Committing to the independence of judges and lawyers
39.
Clear commitments from governments and other political and economic actors, but
also from judges, prosecutors and lawyers themselves, to respecting, protecting and
strengthening the independence and impartiality of the justice system are also necessary.
Any legal provision protecting the independence of judges, lawyers or prosecutors becomes
useless if there is no commitment to respect and enforce it. Moreover, whenever one of
these groups “forgets” the specific roles they have to play in a democratic society — roles
which come with both rights and duties — the prerequisites of independence become
difficult to fulfil.
40.
States must respect and protect the independence of judges, prosecutors and lawyers
at different levels and in different ways. States have to observe appropriate mechanisms for
the selection, appointment, promotion, transfer and discipline of judges and prosecutors, in
line with the respective international norms and standards. They also have to put in place
mechanisms to protect judges, prosecutors and lawyers against pressure, interference,
intimidation and attacks and to ensure their security.
41.
States should also promptly and diligently abide by or enforce judicial decisions and
judgments. Furthermore, States should show their commitment to an independent, impartial
and competent justice system by providing adequate infrastructures, facilities and material
resources for the judiciary to perform its duties, allocating a reasonable part of the national
budget to the justice sector. States should also commit to enacting legislation necessary to
ensure the protection of the independence and impartiality of the justice system.
42.
States should respect the independence of lawyers too and recognize the important
role they play, including by providing for their security and allowing them to associate
freely. It is not possible or reasonable to imagine that justice can be done without
independent and competent lawyers. States must therefore ensure that lawyers are in a
position to practise their profession without obstacles.
43.
States should strive to ensure access to justice for all, including by setting up
institutionalized legal aid schemes free of charge for those lacking resources. In this
context, the Special Rapporteur notes that, on 25 September 2015, the 193 Member States
of the United Nations committed themselves to providing access to justice for all, in
adopting the 2030 Agenda for Sustainable Development (see Sustainable Development
Goal 16).
44.
States should also ensure that anyone can enter the legal profession, the prosecution
services and the judiciary without discrimination of any sort, in particular on the grounds of
gender; States should promote greater representation of women and minorities.
45.
Independence is not a prerogative of judges, it is their duty. Judges should be fully
aware of the distinct function that they have in society and of how they are perceived by
people. Judges are expected to keep social peace through adjudication of claims and
settlement of disputes, applying the law. They have an obligation to deliver justice
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