A/HRC/20/20
67.
In participating States and entities, initial training for judges, prosecutors and public
defenders is, as a rule, compulsory (85 per cent), while ongoing learning is voluntary (35
per cent). For lawyers, on the other hand, ongoing capacity-building accounts for 55 per
cent of learning activities, and initial training for 28 per cent. They are not imposed by
express instructions, but by the requirements of their professional practice.
68.
The above-mentioned tables show the need to improve ongoing capacity-building in
international human rights law for judges, magistrates, prosecutors and public defenders, as
well as that to encourage or provide resources for such training. The development of
mechanisms that recognize and take full advantage of ongoing capacity-building for the
careers of judges, prosecutors and public defender is also necessary.
69.
The main challenges encountered while providing human rights education and
training seem to be directly linked to financial resources.7 Some States have to face high
levels of poverty, illiteracy and corruption, while others lack experts in international human
rights law.
70.
Only a quarter of the participating States and entities monitor the effectiveness of
capacity-building programmes and, when they do, monitoring is done by institutions that
offer the programmes as a means of obtaining feedback on specific courses.
71.
Most States do not have mechanisms that measure the effectiveness of training
courses. The Czech Republic only has a mechanism to monitor satisfaction with the
selection of topics offered in courses. Canada has no specific mechanism to evaluate the
conduct of actors after training, but has audit departments, such as the Law Society of
Upper Canada in Ontario, which are responsible reviewing the effectiveness of ongoing
human rights education programmes.
72.
It was observed, however, that there are few systems that monitor the effectiveness
of the contents of capacity-building programmes, such as judicial decisions, legal opinions,
judicial requests and defence. Colombia has a programme that monitors the effectiveness of
training courses provided by judicial schools, comprising external and internal assessment
of the application of course contents. Monitoring judicial management in a given
jurisdiction after a training course allows them to determine the degree of application of the
content taught. In Colombia, the programme is regarded as a modern, flexible and objective
way of evaluating the effectiveness of courses and tutors thereof, and of providing
information on the quality of the programmes offered in education plans. In the Sudan, the
effectiveness of training for judges and prosecutors is monitored by means of examinations
and performance evaluations.
73.
With regard to mechanisms monitoring the effectiveness of training, Peru, for
instance, explained that public defenders working on criminal procedures are constantly
monitored through follow-up of the judicial files and cases they have handled.
74.
The fact that 55 per cent of participating States chose not to answer the question
about the existence of a mechanism to monitor impunity may be interpreted as indicating
that there is no such mechanism or that the institutions that replied to the questionnaire may
not have had access to such information.
D.
Gender integration
75.
The Special Rapporteur also inquired about the integration of a gender perspective
into human rights capacity-building of actors in the justice system. Some States interpreted
7
In, inter alia, Bhutan, Canada and the Sudan.
19
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