A/HRC/20/20
39.
Educational curricula (such as training and specialization courses and post-graduate
degrees) should be taken into consideration in the promotion of magistrates, judges and
prosecutors. The areas of interest and/or further studies undertaken by judicial actors are
too rarely taken into account in the criteria for their career development plans (promotion,
transfer and other circumstances of mobility) or the procedures for filling vacant posts.
40.
The Special Rapporteur observed that the main challenges for delivering justice
were case backlog and workload, its costs and length of time. She believes that the various
forms of alternative dispute-resolution constitute important mechanisms for solving
conflicts; justice system actors should thus strengthen their use. The replies to the
questionnaire showed that such alternative dispute-resolution mechanisms are being widely
used; justice system actors should therefore be trained on how to use them properly.
GLOBAL THEMATIC STUDY
HUMAN RIGHTS EDUCATION AND CONTINUING TRAINING OF LEGAL PROFESSIONALS
Participating countries - Forms of alternative dispute resolution.
86,9%
90,0%
75,4%
73,8%
80,0%
70,0%
60,0%
50,0%
%
31,1%
40,0%
30,0%
20,0%
10,0%
0,0%
Mediation
Arbitration
Conciliation
Community Justice
41.
The United States of America noted that several other forms of alternative disputeresolution mechanisms are being developed, including case evaluation, early neutral
evaluations, facilitations, family group conferences, mini-trials, ombudspersons, private
judging and settlement conferences.
2.
Institutions
42.
The Special Rapporteur highlights the role played by several institutions that
contribute to the promotion and protection of human rights. According to the information
provided in the replies received, human rights national institutions exist in about two thirds
of the States surveyed. In addition, universities have the responsibility to provide, in law
and social and political sciences courses, general basic education on the legal system to the
future actors of the legal professions. The questionnaire also revealed the existence of a
similarity in the organization of the functional structure of courts of justice, which is an
important instrument ensuring a two-tier level of jurisdiction (judicial authority). Most
States have judicial academies or schools for magistrates; they also have associations of
judges and prosecutors, as well as bar associations.
3.
Financial resources
43.
In 46 per cent of participating States, the Supreme Court has the responsibility of
managing its own budget; in 45 per cent, national or high judiciary councils manage their
own budget; in 32.9 per cent, the executive organ manages the budget of the judiciary.
12
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