A/HRC/20/20
53.
For all legal professions, initial training is usually provided by law faculties, judicial
academies, universities and bar associations. Judges and prosecutors usually undergo the
same legal education and are specialized after its completion, or after admission to a
particular judicial or prosecutorial school or academy. There is usually a joint programme
for both judges and prosecutors. Lawyers, however, do not have to undergo specific postlaw school training as a requirement of the legal system. They are required to spend a
period of time in a professional internship. The focus of advanced education of lawyers is
left to them. Their ongoing training is done on a voluntary basis, for which reason they are
not required to attend training programmes on a regular basis.
54.
By way of example, in Tunisia, judges and prosecutors attend continuing training
sessions twice a year; training is compulsory for judges having served for less than six
years. In Australia, training is usually tailored to specific specializations, such as family
law. In Austria, seminars are open for certain targeted groups.
55.
The table below reflects the important role that judicial schools have played in the
capacity-building and training of judges and magistrates, prosecutors and public defenders,
and that of bar Associations in the training of lawyers.
GLOBAL THEMATIC STUDY
HUMAN RIGHTS EDUCATION AND CONTINUING TRAINING OF LEGAL PROFESSIONALS
Participating countries – institutions providing training to judges, prosecutors, lawyers and
public defenders
80,0%
75,0%
67,9%
70,0%
60,0%
53,1%
50,0%
%
38,8%
39,1%
40,0%
30,0%
26,8%
30,4%
27,8%
26,1%
20,4%
17,9%
20,0%
10,7%
21,7%
16,7%
12,2%
11,1%
10,0%
0,0%
Just. Min. Prof.
sch. Just. Ass.
Judges
Uni
Just. Min.
sch. Just.
Prof.
Ass.
Prosecutors
Uni
Prof.
Ass.
Uni
Just. Min.
sch. Just.
Lawyers
Just. Prof.
sch. Ass.
Uni
Min.
Just.
Public Defenders
Legend: Just. Sch.= Justice schools / Min. Just.= Ministry of Justice / Prof. Ass.= Professional Association / Uni = Universities
56.
As shown in the table, public defenders have the lowest number of institutions
responsible for their training. This fact highlights the need for investments in the creation of
legal schools or institutions and for greater promotion of capacity-building courses. The
Special Rapporteur emphasizes her concern that, as a result, access to justice may be
jeopardized.
57.
Universities and Law Schools also play a vital role in international human rights law
training and capacity-building for lawyers and public defenders, to a far greater extent than
in the case of capacity-building for judges and prosecutors. With regard to magistrates,
judges and prosecutors, universities are responsible for specialization courses and postgraduate degrees. Judicial academies usually offer specialized training for judges and
magistrates designed for and tailored to the needs of their functions.
58.
In this context, the Special Rapporteur highlights the important role played by nongovernmental organizations in capacity-building programmes in several States, particularly
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