A/HRC/20/20
I. Introduction
1.
In its resolution 15/3, the Human Rights Council requested the Special Rapporteur
on the independence of judges and lawyers to carry out a global thematic study to assess the
human rights education and continuing training of judges, prosecutors, public defenders,
and lawyers. The present advance report on that study is based on information gathered by
means of a questionnaire focusing on the structural elements of existing human rights
courses and training initiatives. Such courses and training should be aimed at affecting the
way that legal professionals discharge their functions by encouraging them to apply
international human rights principles and standards at the domestic level.
2.
In her first thematic report submitted to the Human Rights Council (A/HRC/14/26),
the Special Rapporteur focused on the need for continuing human rights capacity-building
for judges, prosecutors, lawyers and public defenders. The report was based on the Special
Rapporteur’s assessment that an independent judiciary should be strengthened in order to
promote and protect human rights as the quality of the administration of justice has a direct
impact on democracy and the development of States.
3.
In resolution 15/3, the Human Rights Council requested the Special Rapporteur to
carry out the study from within existing resources and with the support of the Office of the
United Nations High Commissioner for Human Rights (OHCHR), specifying also that he
study was to include recommendations for appropriate follow-up.
4.
The present report is based on data collected by means of a questionnaire and
information obtained from different actors within and outside the United Nations. The aim
of the questionnaire was to investigate the current situation of existing training institutions
and programmes, as well as the possible causes that may have created the gap noted by the
Special Rapporteur in her thematic report in order to ensure that the justice system becomes
more effective in guaranteeing fundamental rights and freedoms, and fighting human rights
violations and combating impunity.
5.
The report was also prepared on the basis of information contained in several
thematic reports submitted by the Special Rapporteur to the Human Rights Council and the
General Assembly during the first years of her mandate.1
II. Analysis of replies to the questionnaire
6.
The global thematic study project is based on the fundamental understanding that the
effective, ongoing capacity-building of all the actors of the justice system plays a decisive
role in the independence of judges, magistrates, prosecutors, lawyers and public defenders,
guaranteeing respect for human rights in a democratic society. The main issues raised in the
questionnaire sent to all Member States and other stakeholders, including civil society
organizations, concerned, inter alia, existing training programmes; how are they conducted;
how often are they offered (both initial and ongoing training); how their effectiveness is
assessed; and the main obstacles to capacity-building courses.
7.
The primary responsibility for ensuring human rights lies with the State, including
the judicial branch. The main actors in the justice system - judges, magistrates, prosecutors,
1
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On the need for continuous capacity-building for judges, prosecutors, lawyers and public defenders
(A/HRC/14/2); combating impunity (A/65/274); the integration of a gender perspective in the
administration of justice (A/HRC/17/30); and the integration of a gender perspective in the criminal
justice system (A/66/289).
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