A/HRC/32/34
51.
Currently, there is no universal system that provides detailed and specific
information on the actual situation of national justice systems. Yet, such information is
crucial to be able to assess their level of independence and to design measures to improve
and strengthen them that will be both appropriate and effective. Some categories of
information can assist in understanding the context in which a justice system works, other
categories provide indications on procedures and requirements in place for the exercise of
the jurisdictional function, and others allow the dysfunctionalities of the system to be
inferred. The Special Rapporteur believes that such information would be useful to build a
frame of reference for States, international organizations and civil society to be able to
study how justice systems work, assess their independence and impartiality, and identify
deficits and challenges. Having precise information should allow for better and more
effective decisions and measures.
52.
The Special Rapporteur is aware of the growing demand for both qualitative and
quantitative indicators to help in promoting and monitoring the implementation of human
rights. Indicators are useful tools to articulate and advance claims on the duty-bearers, and
to formulate public policies and programmes that facilitate the realization of human rights.
In 2012, the Office of the United Nations High Commissioner for Human Rights published
a guide aimed at translating the narrative of human rights into contextually relevant
indicators and benchmarks for the implementation and measurement of human rights at the
country level.15 When it comes to the independence of judges and lawyers, the use of
appropriate indicators could provide precise and relevant information on a given justice
system which would help the State and other stakeholders, including the Special
Rapporteur, in assessing progress in the implementation of international human rights
obligations relating to independence and impartiality.
53.
The Special Rapporteur is convinced of the timeliness of developing a set of
indicators that would provide information on national justice systems, including on the way
they are structured and how they comply with international standards and norms on
independence and impartiality. Indicators provide factual information and data that can be
essential in order to understand specific situations and assess the implementation progress
of human rights obligations.
54.
The use of indicators has led to the development of mapping exercises, especially at
the regional level, such as those carried out by the European Union16 or the Justice Studies
Centre for the Americas,17 as well private initiatives focusing on a set of indicators relating
to the structure of the justice system, how it works, and the quality of the services it
delivers.18 These initiatives may have different purposes, but they all provide extremely
useful information related to the independence and impartiality of justice systems.
15
16
17
18
12
Human Rights Indicators: A Guide to Measurement and Implementation, HR/PUB/12/5, New York
and Geneva, 2012.
European Commission, Directorate-General for Justice, The 2015 EU Justice Scoreboard, COM
(2015) 116 final. The foreword to this document indicates that “the EU Justice Scoreboard provides
an overview of the quality, independence and efficiency of EU member States’ justice systems.
Together with individual country assessments, the EU Justice Scoreboard helps to identify possible
shortcomings or improvements and to regularly reflect on progress.”
Centro de Estudios de Justicia de las Américas, Cifrar y Descifrar: Manual para generar, recopilar,
difundir y homologar estadísticas e indicadores judiciales, vol. 2 (2005).
See, for instance, Germán Garavano and others, “Indicadores de desempeño judicial”, Foro de
Estudios sobre la Administración de Justicia, in La Ley Actualidad, Buenos Aires, 18 July 2000; and
Todd Foglesong and others, “Measuring progress towards safety and justice: a global guide to the
design of performance indicators across the justice sector”, Vera Institute for Justice, New York,
2003.
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