A/HRC/41/48 8. It is increasingly accepted that judges and prosecutors are entitled to exercise the rights to freedom of expression, belief, association and assembly, as well as political rights, on an equal basis with others. Nevertheless, it is also clear that the exercise of these rights may be subject to specific restrictions aimed at preserving the dignity of their office and, in the case of judges, the independence and impartiality of courts and tribunals. 9. The aim of the present report is to offer practical guidance to State authorities in striking a fair balance between the fundamental rights of individual judges and prosecutors and the legitimate interest of a democratic State in ensuring the independence, impartiality and authority of its civil service. It also aims to offer a practical tool to judges and prosecutors to assist them in taking their own decisions on how to exercise their fundamental freedoms, whether online or offline, in a way that is consistent with the dignity of their profession and the independence and impartiality of their office. III. Legal standards A. International standards 10. A number of instruments adopted at the international level include provisions on the exercise of fundamental freedoms by judges and prosecutors. 11. The Basic Principles on the Independence of the Judiciary provide that members of the judiciary, like other citizens, are entitled to freedom of expression, belief, association and assembly (principle 8), and are free to form and join professional associations to represent their interests, to promote their professional training and to protect their status (principle 9).3 The Basic Principles also acknowledge that, in the light of their special duties and responsibilities, judges should show restraint in exercising these rights and always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary (principle 8). 12. The Bangalore Principles of Judicial Conduct provide extensive guidance for judges on the kind of conduct that is to be expected from them in order to maintain their independence, integrity and impartiality and enhance public confidence in the judicial system. Principle 4.6 is an almost verbatim restatement of principle 8 of the Basic Principles. Principle 4.13 provides that judges may form or join associations of judges or participate in other organizations representing the interests of judges. 13. The Commentary on the Bangalore Principles of Judicial Conduct lists a number of activities that are incompatible with judicial office and provides that, as a general principle, judges should not be involved in public controversies. It also identifies a number of situations in which a judge may properly speak out about matters that are politically sensitive (for instance, in order to comment on legislation and policies that directly affect the operation of the courts, the independence of the judiciary, or fundamental aspects of the administration of justice).4 14. The Universal Charter of the Judge contains two provisions concerning the exercise of freedom of expression. Article 3-5 provides that judges have the right to freedom of expression (with the same limitations identified in principle 8 of the Basic Principles) and the right to join professional associations to defend their legitimate interests and their independence. In accordance with article 6-2, judges are required to be impartial – and to be seen as impartial – in the exercise of their duties, to perform their duties with restraint and attention to the dignity of the court and of all persons involved and to refrain from any behaviour, action or expression that may affect confidence in their impartiality and independence. 3 4 4 Questions relating to the establishment, composition and functions of judicial councils or similar independent and autonomous bodies are dealt with in a previous report specifically devoted to this issue (A/HRC/38/38). United Nations Office on Drugs and Crime (UNODC), (Vienna, September 2007), paras. 134–140.