A/HRC/14/26
national legal framework when advising and representing their clients. However, in many
countries, there is a norm at the constitutional level prescribing that international treaties
ratified by the country form an integral part of national law. In addition, such provisions
often state that, in the case of a contradiction, the norms contained in the international legal
instruments shall take precedence. In some States, judicial decisions by the highest instance
instruct the courts to be guided by relevant international treaties, including human rights
instruments.
22.
Thus, judges and lawyers are called upon to uphold not only the domestic law, but
also international human rights standards. In disputes relating to an alleged violation of
fundamental rights and freedoms, human rights are a key pillar in court cases and judicial
deliberations. Consequently, judges and lawyers are required to be aware of, and apply,
international human rights principles and standards in the cases before them.
23.
In this report, the Special Rapporteur analyses the legal framework for adequate
awareness-raising and continuing education on international human rights law for judges
and lawyers, as well as the corresponding obligations of Member States, judicial bodies and
lawyers’ associations.
C.
The gap between the efforts undertaken and the local situation
24.
In most of the countries visited by the Special Rapporteur’s two predecessors,
insufficient awareness-raising initiatives and a lack of continuing education opportunities
for judges and lawyers were apparent. In one of his country mission reports, the former
Special Rapporteur, Leandro Despouy, emphasized that lack of adequate training and
professional knowledge also means that judges are more easily influenced.4 The lack of
appropriate capacity-building initiatives thus has a direct impact on judges’ capacity to
render justice independently and impartially. As a consequence, judges and lawyers require
opportunities to enhance their capacity to develop argumentation and analyse issues from a
human rights perspective. At times, judges may not adjudicate cases with reference to
human rights norms as a result of unfamiliarity with, or lack of awareness of, the linkages
between human rights and other branches of the law.5
25.
United Nations human rights treaty bodies and other special procedures have, for
their part, established these linkages. The examples mentioned below shed light on the
broad array of human rights which are concerned in connection with legal education for
judges and lawyers.
26.
The Committee on the Elimination of Racial Discrimination, drawing attention to
the prevention of racial discrimination in the administration and functioning of the criminal
justice system, has called for specific training for those working within the criminal justice
system — police officers, lawyers, prosecutors and judges — in order to increase their
awareness of relevant provisions of the Criminal Code and the International Convention on
the Elimination of All Forms of Racial Discrimination.6 The Special Rapporteur on
violence against women called upon one Member State to set up a training programme for
judges to address the international obligations the country had pledged to respect, including
those pertaining to women’s rights and the protection of women from violence.7 The
Committee on the Elimination of Discrimination against Women called on another Member
State to ensure that the Convention on the Elimination of All Forms of Discrimination
4
5
6
7
GE.10-12622
A/HRC/8/4/Add.2, para. 23.
See section III. G. below.
CERD/C/MKD/CO/7, para. 19.
A/HRC/11/6/Add.3, para. 95 (c).
7
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