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 10

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