A/HRC/20/20
30.
It should be noted that most participating States have a unitary State structure, are
deemed to have a republican Government and have, predominantly, civil or continental law
as the basis of their legal system.
GLOBAL THEMATIC STUDY
HUMAN RIGHTS EDUCATION AND CONTINUING TRAINING OF LEGAL PROFESSIONALS
Participating countries – state structure, form of government and legal system
80%
76%
76%
70%
60%
47%
50%
%
40%
26%
30%
17%
20%
19%
17%
10%
1%
1%
0%
Unitary
Federal
State structure
Republic
Monarchy
Hereditary
Form of government
Civi Law
Mixed Law
Common
Law
Islamic Law
Legal system of government
31.
On the basis of the information gathered during her missions and activities, the
Special Rapporteur observed that capacity-building for judges, prosecutors, lawyers and
public defenders is more complex in federal States owing to the diversity of their
legislations and the specific justice system in each State and at the federal level. It is very
challenging to administer justice in a context of coexistence of State and federal courts
owing to the diversity of rules of competence (an obstacle to effective justice), the
difference in the functioning of systems and the rules of procedures in each State, also at
the federal level, the difficulty of communication between the two levels of jurisdiction
(State and federal), the differences in court infrastructure, and the difference in access to
them. Considering the complexity of the functioning of the justice system and the fact that
the population also perceives it as being complex, more efforts are needed to ensure access
to justice.
32.
With regard to the justice system, according to the replies received, an estimated
average4 of 47 per cent of States had a civil law-based legal system, 26 per cent a mixed
law system, 19 per cent a common law-based system, and 1 per cent a system based on
Islamic law. In most replies, mixed law legal system comprised common law and Islamic
law. The Superior Court Judges Association of Canada reported that Canada is a federal
State in which the common law system applies in most provinces and territories, except in
the province of Quebec, where a civil law-based system applies (except for matters of
criminal law).
33.
It should also be noted that, to a certain extent, there has been a worldwide trend to
migrate from one legal system to the other, from civil law to common law, in such States as
Chile, Colombia, Georgia and Mexico in, inter alia, procedural matters. The Special
Rapporteur believes that oral proceedings existing under common law, together with the
plea bargaining system, have been regarded as important tools to speed legal proceedings
4
Estimated average denotes the average obtained from the replies received for a specific question, also
taking into consideration the fact that some States did not reply to all questions.
9
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